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Administrative Law Keyed to Mawshaw
National Tire Dealers & Retreaders Association, Inc. v. Brinegar
Citation:
491 F.2d 31 (1974)Facts
The National Highway Traffic Safety Administration (NHTSA), a division of the Department of Transportation, issued Federal Motor Vehicle Safety Standard No. 117 requiring that all pneumatic passenger tires retreaded on or after February 1, 1974, have certain information permanently molded into or on one sidewall of the tire. The required information included: size, maximum inflation pressure and load, actual number of plies or ply rating, whether the tire is tubeless or tube-type, and whether it is bias/belted or radial. The National Tire Dealers & Retreaders Association (NTDRA) challenged the standard, arguing that permanent labeling of retreaded tires with this information would be economically unfeasible. The retreading process involves buffing off the old tread, which often removes any existing permanent labeling on the tire. Only about one-third of tire casings used by retreaders had the required information in a location not subject to removal during the retreading process. To comply with the standard, retreaders would either have to reject two-thirds of available casings or develop a way to permanently label each tire during the retreading process, which would require changing mold plates for almost every tire due to the numerous possible combinations of tire characteristics. The retreading industry estimated this would increase costs by 30% per retread.
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