ID: 9199

The Honorable Phil Gramm
United States Senate
2323 Bryan Street, #1500
Dallas, TX 75201

Dear Senator Gramm:

Thank you for your inquiry on behalf of your constituent, Mr. Thomas J. Devon of Longview, Texas. The Federal Highway Administration (FHWA) referred your inquiry to this office, since the National Highway Traffic Safety Administration (NHTSA) administers Federal safety standards for tires.

In his communication with you, Mr. Devon expressed concern about separated treads from retreaded large truck tires. He referred to the deaths of two young women reportedly caused when they lost control of their vehicle after striking a separated tread in the road. Mr. Devon is concerned that retreaded tires do not meet the same standards as new tires and requested data on accidents caused by separated tire tread sections on the roadway.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381, et seq. (Safety Act) authorizes NHTSA to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Pursuant to that authority, NHTSA has issued various Federal Motor Vehicle Safety Standards (FMVSS) applicable to tires: FMVSS Nos. 109 and 110 for new pneumatic passenger car tires; FMVSS Nos. 119 and 120 for new pneumatic tires for other than passenger cars; and FMVSS No. 117 for retreaded passenger car tires. There is currently no standard applicable to retreaded tires for vehicles other than passenger cars. This is because the agency is not aware of any data suggesting a safety need for such a standard.

With respect to tire tread separation, examination of actual tire scraps from the nation's highways have indicated that about 60 percent came from retreaded tires and 40 percent from original tires. Because of the many complaints about heavy truck tire tread scraps on and around the highways, the University of Michigan conducted a study in the mid-1980s entitled "Large Truck Accidents Involving Tire Failure." That study concluded that most large truck tire failures are caused by vehicle overload and/or tire underinflation. Underinflation causes excessive flexing of the tire. The friction resulting from that flexing causes excessive heat buildup which can, in turn, result in tread separation or other tire failure. Indeed, the heat buildup has been known to be so extreme as to cause the tire to burst into flame.

The findings from the Michigan study led the FHWA to prohibit the operation of commercial motor vehicles with overloaded and underinflated tires, unless the vehicle is operated pursuant to a special permit issued by a state. That permit, however, requires a reduced speed to compensate for the increased tire loading. In addition, the vehicle and the tires must be maintained in a safe operating condition at all times. FHWA conducts roadside inspection programs to ensure that such requirements are being met.

While scraps of tires on the roadway could pose a safety hazard to motorists, this agency has no real world crash data to indicate what percentage of motor vehicle crashes could be attributed to separated tire treads. Our crash data are limited to the general category of tire failure.

Please be assured that NHTSA and FHWA, as well as the tire industry itself, are engaged in ongoing efforts to alleviate this problem by appropriate publicity to large truck owners and operators regarding proper tire care and maintenance and by vigorous vehicle inspection programs.

I hope this information is helpful. If your constituent has any further questions, he may contact Walter Myers of this office at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure Constituent's Correspondence

ref:117 d:11/3/93

ID: aiam2093

Dear Mr. Woodford: #This responds to your August 27, 1975, request fo standard applicable to glass-belted tires with the size designation H78-15 which were standard equipment on a 1973 Ford automobile. Such tires are subject to Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires--Passenger Cars*, a copy of which is enclosed. #Yours truly, Richard B. Dyson, Assistant Chief Counsel;

ID: aiam3310

Dear Mr. Tierney: This is to follow-up on your phone conversation of June 10, 1980, wit Stephen Oesch of this office concerning the Federal requirements applicable to the installation of auxiliary fuel tanks in passenger cars.; I am enclosing a copy of a letter of interpretation the agency issue last August which discusses the general implication of such installations under Federal law. If after reviewing this material you have any additional questions, please contact Mr. Oesch.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam0949

Dear Mr. King: This is in reply to your letter of October 23, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to house boats and tent camp trailers.; Standard No. 302 applies to passenger cars, multipurpose passenge vehicles, trucks, and buses. This does not include house boats or tent camp trailers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0562

Dear Mr. Frank: In response to your letter of December 9, 1971, it is correct tha Standard No. 302, 'Flammability of Interior Materials,' applies only to motor vehicles (passenger cars, multipurpose passenger vehicles, trucks, and buses) manufactured on or after September 1, 1972. The standard does not apply to replacement or aftermarket seat covers.; Sincerely, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3111

Dear Mr. Yingst: This is in response to the questions you raised with Ms. Debra Weine of my office on July 12, 1979, about your company's plans to manufacture auxiliary gasoline tanks for passenger cars. You noted that the tanks will be designed for placement in the trunk above the existing fuel tank and that your company will act primarily as a manufacturer of these tanks but may do some installation. Specifically you asked what Federal regulations or standards would apply to the manufacturer, as well as the placement and installation of auxiliary gasoline tanks in motor vehicles. You also asked whether the we have testing facilities for such tanks and if so, whether the agency would be able to test one of your company's tanks.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75, *Fuel System Integrity*, (copy enclosed) is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. The standard applies to completed vehicles rather than to fuel tanks or other fuel system components and thus is inapplicable to the manufacture of auxiliary fuel tanks.; Despite the inapplicability of Safety Standard No. 301-75 to thei manufacture, auxiliary fuel tanks must be designed and manufactured for safety. As a manufacturer of auxiliary fuel tanks, you would be subject to the defects responsibility provisions of the Act (sections 151 *et seq*., copy enclosed). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or yourself, you would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.; If you install an auxiliary fuel tank in a new vehicle, prior to it first purchase in good faith for purposes other than resale, you would be a vehicle alterer under NHTSA regulations. As an alterer, you would be required by 49 CFR 567.7 to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor vehicle safety standards--including Safety Standard No. 301-75. Should a noncompliance or safety- related defect be discovered in such a vehicle, as a result of the modification, you would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.; If you installed an auxiliary gasoline tank in a used passenge vehicle, you would not be required to attach an alterer's label. However, section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. . .<<<; Thus, if you added an auxiliary tank to a used passenger vehicl manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system, you would be in violation of section 108(a)(2)(A).; I would like to point out that in addition to the Federal law discusse above there may be State product liability laws applicable to your company's proposed activities. Therefore, you may wish to consult a lawyer before your company begins manufacturing and installing auxiliary gasoline tanks.; At the present time, NHTSA is not testing auxiliary gasoline tanks, bu the agency is involved in testing vehicles to determine their compliance with Safety Standard No. 301-75. At some point the agency will probably begin testing auxiliary tanks that have been installed in vehicles, but such testing will be done only as part of our enforcement efforts. It is not a policy of the NHTSA to test and approve the products of particular manufacturers of motor vehicles or motor vehicle equipment.; In conclusion, please note that, in general, the National Highwa Traffic Safety Administration discourages the use of auxiliary fuel tanks of any kind because of the grave dangers of fire and explosion posed by their improper manufacture or installation. In the near future this agency will be making a press release warning consumers of these hazards and discouraging them from using auxiliary fuel tanks.; I hope that you will find this response helpful and that you have no been inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam2005

Dear Mr. Reichel: Please forgive the delay in responding to your letter of April 10 1975, requesting an interpretation of S4.3, the placarding requirements, of Federal Motor Vehicle Safety Standard No. 110, *Tire Selection and Rims--Passenger Cars.; You have proposed a format for presenting vehicle capacity weight which is designed to accommodate, with a single placard, several different model configurations. The NHTSA has not objection to this format, provided that the weights listed are correct.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam0721

Dear Mr. Fioravanti: Thank you for your letter of May 25, 1972, inquiring about th applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, and FMVSS No. 302, to the rear windows of convertible cars.; In FMVSS No. 302, the convertible top is not intended to refer to th rear window, but has reference only to the overhead material. Flammability of the transparent glazing material is regulated by FMVSS No. 205.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: 001059GF

Mr. David Regan
Trecan Combustion Limited
4049 St. Margarets Bay Road
Hubley, NS, B3Z IC2
Canada

Dear Mr. Reagan:

This is in response to your fax of February 21, 2003, concerning the National Highway Traffic Safety Administration's (NHTSA) regulations governing vehicle certification found in 49 CFR 567. In your fax, you stated that your company manufactures trailers and intends to import them into the United States. You have enclosed a photocopy of a sample certification label that you intend to attach to your trailers. During a subsequent phone conversation, you indicated that the sample label is for a single axle trailer. You asked us to determine whether your sample certification label would be acceptable for use in the United States.

By way of background, 49 CFR Part 567 specifies content, location and other requirements for the certification label or tag to be affixed to motor vehicles as required by section 49 U.S.C. 30115, 32504, and 33108. By affixing the label, the manufacturer certifies that the vehicle complies with all applicable Federal motor vehicle safety, bumper, and theft prevention standards.

567.4(g) specifies the contents of the certification label or tag, which must include the following, in the order shown (emphasis added):

(1) Name of manufacturer.
(2) Month and year of manufacture.
(3) "Gross Vehicle Weight Rating" or "GVWR."
(4) "Gross Axle Weight Rating" or "GAWR," followed by the appropriate value in pounds for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear).
(5) The statement: "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above." The expression "U.S." or "U.S.A." may be inserted before the word "Federal".
(6) Vehicle identification number.
(7) The type classification of the vehicle as defined in 46 CFR 571.3 of this chapter (e.g., truck, MPV, bus, trailer).

The enclosed sample label contains all the information required by 567.4(g). However, some of the information in your label is out of order. As previously stated, 567.4(g) specifies that the information on the certification label must appear as it is listed in the standard. Therefore, the items within your sample certification label must be rearranged in order to comply with 567.4(g). An example of the appropriate arrangement of the information found on your sample label appears below:

MANUFACTURED BY: TRECAN COMBUSTION LIMITED DATE   DECEMBER 2002 GVWR   6,500 KG (14,335 LB) GAWR ALL 5,806 KG (12,800 LB) TIRES   275/70R22.5 H RIMS   22.5X8.25 COLD TIRE INFL   827 kPa (120 PSI) SINGLE THIS VEHICLE CONFORMS TO ALL APPLICABLE US FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE. VIN   XXXXXXXXXXXXXXXXX TYPE:   TRAILER

Please be advised that your certification label need not look exactly like the example above. However, the information within your label must appear in the exact same order. Because we are unsure whether the enclosed sample label is a scaled copy or a life-size representation, we note that 567.4(g) requires that the label be lettered in block capitals and numerals not less than three thirty-seconds of an inch high.

For additional information for trailer manufacturers please visit our web site at: http://www.nhtsa.dot.gov/cars/rules/maninfo/trailer002.pdf. If you have any further questions regarding NHTSA's certification requirements for trailers, please feel free to contact George Feygin of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:567
d.4/11/03

ID: 18019.ogm

Mr. Christopher J. Roberts
Leoci & Meisenberg, P.A.
2256 Heitman Street
Fort Myers, FL 33901-3744

Dear Mr. Roberts:

This is in response to your letter requesting information about standards for motorcycle helmets, particularly those manufactured after 1980. In addition to information relating to standards for motorcycle helmets, you have also asked if the agency maintains records of helmets that have been recalled and how you might obtain copies of these records.

By delegation from the Secretary of the U.S. Department of Transportation (DOT), NHTSA is the Federal Government agency responsible for improving safety on our Nation's highways. As part of our efforts to achieve that goal, we are authorized, pursuant to 49 U.S.C. 30111, to issue and enforce Federal motor vehicle safety standards (FMVSS). These standards require minimum levels of performance for new vehicles and items of motor vehicle equipment. Pursuant to this authority, NHTSA has promulgated FMVSS No. 218, "Motorcycle Helmets," which applies to all helmets designed for highway use by motorcyclists. Pursuant to 30012(a) of Title 49, it is unlawful to manufacture for sale, sell, offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States any motor vehicle or item of motor vehicle equipment that does not comply with all applicable safety standards, including Standard 218.

I have enclosed a copy of the current version of Standard 218 for your use. The Standard is also available in Volume 49 of the Code of Federal Regulations at 49 CFR 571.218. If you have access to the World Wide Web, the Code of Federal Regulations can be found at http://www.nara.gov.

Standard 218 was first promulgated in 1973 and amended in 1974, 1980, and 1988.

The performance requirements of Standard 218 remained unchanged from 1973 until 1988. The original version of the Standard applied to all helmets designed for highway use by motorcyclists. However, through a final rule published in the Federal Register on January 28, 1974 (39 FR 3554), the Standard was amended to restrict its application only to helmets that fit on a specific headform, known as the size "C" headform. This amendment was necessitated by difficulties in developing appropriate different sized headforms for testing. However, as these difficulties continued, the agency concluded that a precise fit was not as critical for testing purposes as had previously been thought and the "C" headform could be used more widely. Therefore, Standard 218 was again amended on March 10, 1980 (45 FR 151181) to apply to all helmets that could be placed on the "C" headform even if the helmet did not precisely fit that headform. After other difficulties with test headforms were finally resolved, the Standard was amended again on April 6, 1988 (53 FR 11280) to apply to all helmets designed for highway use by motorcyclists. The 1988 amendments also modified the performance requirements of Standard 218 in regard to the areas of the helmet subject to penetration and impact testing, temperature conditioning prior to testing and the properties of the test devices used to perform testing. Copies of each of the notices implementing these amendments are enclosed.

Information related to helmet recalls may be obtained from NHTSA's office of Technical Information Services (TIS). You may contact TIS at this address:

Technical Information Services (NAD-40)
National Highway Traffic Safety Administration
400 7^th Street S.W., Room 5110
Washington, D.C. 20590

The telephone number for TIS is: (800-445-0197); this number is answered between 1:00 and 3:00 P.M. Monday through Friday, by TIS staff in order to provide general assistance; however, reference requests must be made in writing. The FAX number, (202-493-2833), may be used to submit requests to TIS, however TIS will respond by mail or courier service (at the requestor's expense).

Information about the services offered by TIS is also available on the World Wide Web at: http://www.nhtsa.dot.gov/cars/problems/trd/.

I hope that this responsive to your inquiry. If you have any questions, please contact Otto Matheke of my staff at (202) 366-5253.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:218
d.12/1/98