Interpretation ID: nht88-4.52

TYPE: INTERPRETATION-NHTSA

DATE: 12/30/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: WES SPRUNK -- SAF-TEE SIPING & GROOVING, INC.

TITLE: NONE

ATTACHMT: OCTOBER 8, 1987 LETTER FROM SPRUNK TO JONES, BROCHURES ON TIRE SIPING, 1978 NSC WINTER TEST REPORT, AUGUST 19, 1986 LETTER FROM KEIL TO SPRUNK, ARTICLE FROM AUGUST 1986 ISSUE OF "SCHOOL BUSINESS AFFAIRS," ARTICLE ENTITLED "SLASHING TIRES FOR SA FETY AND SAVINGS" FROM DECEMBER 1984 "NATIONAL SCHOOL BUS REPORT," MARCH 20, 1985 LETTER FROM GIFFORD TO SPRUNK, OCTOBER 15, 1982 LETTER FROM PALMER TO MARCY MANUFACTURING, AND APRIL 1983 AND APRIL 1984 ARTICLES FROM "GW SAFETY TALK"

TEXT: This responds to your letter concerning the siping of tires. You asked whether "there is any possible problem with the siping of new, used, truck, passenger, or light duty tires," under Department of Transportation regulations. Your question is respond ed to below, to the extent that it concerns regulations of the National Highway Traffic Safety Administration (NHTSA). We note that your letter indicates that you have also discussed this issue with officials of the Federal Highway Administration.

By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), it is the responsibility of the manufacturer to ensure that it s motor vehicles or equipment meet applicable standards.

As noted by your letter, the term "siping" should be distinguished from "grooving." You stated that grooving is a "process of removing rubber from the tire to give it an additional space for water release." You stated that siping is "a process of cross c utting the tread, never deeper than the original tread depth of the tire; and in most cases, 1/32" or less, with a fine knife -- either four or five cuts to the inch -- that does not remove rubber."

Section 108(a)(1) of the Vehicle Safety Act prohibits any person from manufacturing for sale, selling or offering for sale, introducting or delivering for introduction in interstate commerce, or importing into the United States, any item of motor vehicle equipment unless it is in conformity with Federal motor vehicle safety standards. The prohibitions of section 108 (a)(1) do not apply after the first purchase in good faith for purposes other than resale. (Section 108(b)(1).)

NHTSA has issued several safety standards for tires. Standard No. 109 specifies performance and labeling requirements for new pneumatic tires for use on passenger cars; Standard No. 117 specifies performance and

labeling requirements for retreaded pneumatic tires for use on passenger cars; and Standard No. 119 specifies performance and labeling requirements for new pneumatic tires for vehicles other than passenger cars.

The siping of new tires (including retreaded tires) is permissible only if that operation does not adversely affect the compliance of the tire with Standard No. 109, 117 or 119, as applicable. If a dealer offers for sale or sells new tires (including ne w retreaded tires) that have been siped and those tires do not comply with Standard No. 109, 117 or 119, as applicable, the dealer would be subject to a civil penalty of up to $ 1,000 for each tire that did not comply.

Section 108(a)(2)(A) prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed on or in an item of motor vehicle equipment in compli ance with an applicable Federal motor vehicle safety standard. Thus, any persons or businesses within the above categories that perform siping should ensure that the siping does not render inoperative the compliance of tires with applicable Federal moto r vehicle safety standards.

You should also be aware that the agency's regulation on regrooved tires (49 CFR Part 569) specifies requirements concerning regrooved tires and regroovable tires which have been siped. See section 569.7(a)(2)(vii) and 569.7(b).

I hope this information is helpful.