Interpretation ID: 2635o

Frank S. Perkin, Esq.
Assistant General Counsel
The Budd Company
Law Department
3l55 West Big Beaver Road
Box 260l
Troy, Michigan 48084

Dear Mr. Perkin:

This responds to your letter expressing concern about a statement in one of our interpretation letters, which you believe could be read as condoning the practice of rebuilding wheels by processes which include heating and welding. As discussed below, our letter's reference to remanufacturing wheels was made only to serve as an illustrative example and was not intended to address either the safety of such processes or the relevant regulations of other Federal agencies.

The interpretation letter in question is one that we sent on September 22, l986, to Steven R. Taylor, responding to a request concerning regulations that apply to manufacturers of reconditioned brake drums. The letter included the following paragraph:

NHTSA has in the past considered the issue of what types of operations make a person a manufacturer with respect to retreaded tires and remanufactured wheels. A person who retreads tires is considered to be a manufacturer under the Vehicle Safety Act. The retreading process involves significant manufacturing operations, which do not differ substantially from those of manufacturing new tires. By contrast, a person who remanufactures wheels is not considered to be a manufacturer under the Vehicle Safety Act. The process of remanufacturing wheels consists of such things as straightening, re-welding parts, and repairing cracks by welding. These types of actions are not significant manufacturing operations, but instead are the type of operations commonly performed in repair shops.

You stated that all of the things mentioned in our letter, i.e., straightening, re-welding parts and repairing cracks by welding, are specifically prohibited by the OSHA standard applicable to truck wheels, both multi and single piece. You also stated that the "out of service" criteria adopted by the Bureau of Motor Carrier Safety mandate that a vehicle be placed out of service if welded repairs are found on certain disc wheels. According to your letter, any significant changes made after the manufacture of a steel truck wheel, especially involving bending, heating or welding, carry a significant risk of rendering the wheel unsafe.

As is indicated from the context of our September 22, l986 interpretation letter, the reference to remanufacturing wheels was made solely for the purpose of providing an illustrative example and was not intended to address either the safety of such processes or their permissibility or impermissibility under the relevant regulations of other Federal agencies. I would note that NHTSA has long taken the position that remanufactured wheels are considered to be used wheels instead of new wheels for purposes of Federal motor vehicle safety standards. See, for example, our November 28, l973 letter addressed to Mr. L. Clinton Rich and February 7, l983 letter to Mr. H. J. Lindekugel (copies enclosed). Again, however, these letters do not purport to address the safety of remanufacturing wheels or the relevant regulations of other Federal agencies.

We appreciate your bringing to our attention your concern about the safety of remanufactured wheels. Copies of this correspondence are being placed in the public docket.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:VSA#110#120 d:1/22/88