National Tire Dealers And Retreaders Association, Inc. v. Brinegar

491 F.2d 31 (D.C. Cir. 1974)

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Nature of the Case

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Facts

D promulgated Standard No. 117, which requires that all pneumatic passenger tires retreaded after February 1974 have the following information permanently molded into or on one sidewall of the tire: size; maximum inflation pressure and load; actual number of plies or ply rating; the words 'tubeless' or 'tube-type,' as applicable; and the words 'bias/belted' or 'radial,' as applicable. Petitions were put forth for reconsideration, but they were all denied. D had relied on its own information and stated it would provide supporting documentation. It is clear that the administrative record does not adequately demonstrate that these requirements are practicable, nor does it establish any more than a remote relation between the requirements and motor vehicle safety. P appealed the Standard contending that it was arbitrary and capricious.