ID: 77-2.35

TYPE: INTERPRETATION-NHTSA

DATE: 05/17/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Caron Service Center

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 1, 1977, letter asking where you can obtain vehicle certification forms and a permit to undertake modifications of trucks to lengthen and shorten their frames.

The National Highway Traffic Safety Administration (NHTSA) promulgates regulations pertaining to vehicle safety. It is the responsibility of manufacturers to comply with the requirements of the agency. The NHTSA does not license manufacturers or alterers. Accordingly, you need not obtain a Federal permit to alter trucks in the manner you propose. Similarly, the NHTSA does not supply forms for vehicle certification. You may have these forms printed in the form provided by Part 567, Certification, of our regulations (copy enclosed).

The type of manufacturing operation you describe would place upon you responsibility, as an alterer of the vehicle prior to first purchase for purposes other than resale, to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continues to conform to the standards.

I am enclosing an information sheet detailing where to obtain motor vehicle safety standards and regulations.

SINCERELY,

VEHICLE CERTIFICATION

COMPLETED VEHICLE MANUFACTURED BY:

DATE OF COMPLETION: INCOMPLETE VEHICLE MANUFACTURED BY:

DATE INC. VEHICLE MFG GROSS VEH. WEIGHT RATING GROSS AXLE WEIGHT RATING

THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN

VEHICLE ID NUMBER: TYPE VEHICLE CLASSIFICATION: ( ) TRUCK ( ) BUS ( ) MPV

ID: 77-2.36

TYPE: INTERPRETATION-NHTSA

DATE: 05/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Video Research Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of March 15, 1977, concerning Federal Motor Vehicle Safety Standard No. 114, Theft Protection, as it relates to a device you wish to market called "Remote Auto-Start."

Standard No. 114, Theft Protection, which applies to passenger cars, requires that when the key is removed, normal activation of the car's engine and either steering or forward self-mobility of the car is prevented (49 CFR 571.114, S4.1(a) and (b)). According to the material which you forwarded, your device results in the following characteristics which differ from what we consider to be normal activation:

1. The engine deactivates when a door is opened.

2. The steering column and gear shift remains locked until the actual key is inserted.

3. The logic circuitry deactivates the engine after 15 minutes.

Consequently, we have determined that your device does not result in a "normal" activation of the car's engine.

Thus, it appears that the characteristics of the "Remote Auto-Start" system are not in conflict with Standard No. 114.

Sincerely,

ATTACH.

VIDEO RESEARCH CORPORATION

March 15, 1977

Frank Berndt -- Acting Chief Counsel, National Highway Safety Administration

Dear Mr. Berndt:

Last week I had the opportunity of talking to Mr. Tilton in regards to interpretating a law which covers various states, as well as federal, concerning cars left unattended with the motors running.

Sometime back, the American Medical Association contacted me in regards to heart patients that have to use a motor vehicle in extremely hot or cold weather. Since it is a stress on the heart when temperatures vary greatly, they felt if possible we could make an item that would heat or cool the vehicle for 15 to 20 minutes before entering same.

We came up with a tentative item called Remote Auto-Start. By reading the enclosed sheets covering this item which was written by our Director of Engineering, you will note that at no time can the vehicle be operated without the ignition key.

We would appreciate it, after you read the enclosed specifications, if you would let us know whether any federal or state laws will affect us.

Looking forward to hearing from you as soon as possible so we can continue with this particular product.

Thank you in advance for your consideration.

Sincerely yours, Martin Fleischman -- Chairman

[Enclosure Omitted]

ID: 77-2.37

TYPE: INTERPRETATION-NHTSA

DATE: 05/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Lansdale; Carr & Baum

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 25, 1977, letter asking whether your proposed tire registration card to be used by your retail tire stores meets the requirements of 49 CFR Part 574, Tire Identification and Recordkeeping.

The National Highway Traffic Safety Administration (NHTSA) does not issue advance approvals of compliance with agency standards or regulations. The agency will, however, give an informal opinion as to whether your registration card appears to satisfy the requirements of the regulation.

The proposed card that you submitted is similar to the example presented in Figure 3 of Part 574. Accordingly, it appears to comply with most of the requirements of that regulation. The actual seller of the tires, however, is not identified on the form. Since Part 574.7 requires that the tire seller be identifiable to the tire manufacturer, the form should disclose that information. Naming only the corporate office is insufficient, since that does not readily identify the store through which the tire was sold. The NHTSA suggests that the actual seller's name and address be provided on the card as shown on Figure 3.

It is our understanding that the tire seller will forward the cards to you who will then forward the information to the manufacturer. This process is acceptable to the NHTSA as long as the information is forwarded to the manufacturer within the time frame specified in Part 574.8.

SINCERELY,

Landsale, Carr & Baum advertising, marketing & management

March 25, 1977

Francis Armstrong, Director Office of Standards Enforcement Motor Vehicle Programs US Department of Transportation National Highway Safety Adminstration

We wish to submit the enclosed design for your approval to be used as a universal DOT identification card throughout our chain of retail tire stores.

This card was designed to conform to the requirements of Section 574.8 of the department's directive on universal formats, dated May 22, 1971.

We would appreciate hearing from you as soon as possible so that we can proceed with this project.

Paul Ideker

(Graphics omitted) (Illegible Text)

FIG 3. UNIVERSAL FORMAT

@ 574.8 Information requirements -- tire distributors and dealers.

(a) Each distributor and each dealer selling tires to tire purchasers shall submit the information specified in @ 571.7 (a) to the manufacturer of the tires sold, or to the manufacturer's designee.

(b) Each tire distributor and each dealer selling tires to tire purchasers shall forward the information specified in #571.7(a) to the tire manufacturer, or person maintaining the information, not less often than every 20 days. However, a distributor or dealer who sells less than 10 tires, of all makes, types and sizes during a 30 day period may wait until he sells a total of 10 tires, but in the event longer than 6 months before forwarding the tire information to the respective tire manufactures or their designee.

(c) Each distributor and each dealer selling tires to other tire distributors and dealers shall supply to the tire distributor or dealer to whom he sells tires a (Illegible Words) the information specifical in @ 571.7(a), unless such a means has been provided to that distributor or dealer by (Illegible Word) person or by a manufacturer.

(d) Each distributor and each dealer shall immediately stop selling any group of tires when so directed by a notification issued pursuant to Section 113 of the Act (13 U.S.C. 1102).

@ 574.9 Requirements for motor vehicle dealers.

(a) Each motor vehicle dealer who sells a used motor vehicle for purposes other than resale, or who leases a motor vehicle for more than (Illegible Word) days, that is equipped with new tires or newly retreated tires (Illegible Word) for purposes of this

ID: 77-2.38

TYPE: INTERPRETATION-NHTSA

DATE: 05/19/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mr. John W. Kourik

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 24, 1977, letter asking whether Standard No. 107, Reflecting Surfaces, incorporates by reference the SAE Recommended Practice J941 as of November 1965 or as amended through February 1975.

As you note in your letter, Part 571.5 (49 CFR 571.5) of our regulations establishes guidelines for materials incorporated by reference. That section states that materials which are subject to change, such as the SAE Recommended Practice you mention, are incorporated by reference as they are in effect on the date of adoption of the standard unless otherwise specified. Standard No. 107 refers specifically to the 1965 version of the SAE Recommended Practice. Subsequent amendments of that document by the SAE Technical Committee have no effect upon the Federal standard.

Thank you for your offer of assistance in amending Standard No. 107 to reflect more recent changes in the SAE Recommended Practice. We will keep your offer in mind should we determine that a change in the standard is warranted.

SINCERELY,

April 4, 1977

Office of Chief Counsel National Highway Traffic Safety Administration

Attention: Roper Tilden

We discovered a typographical mistake on the second line of the original March 24, 1977 letter mailed to the Office of the Chief Counsel and would appreciate your substituting this attached copy for the original if it doesn't create any delay in processing the request for interpretation.

John W. Kourik

March 24, 1977

Office of Chief Counsel National Highway Traffic Safety Administration

I would appreciate a statement of interpretation concerning the use of SAE Recommended Practice J941, November 1965 in S571.107 Standard No. 107; Reflecting Surfaces.

Standard No. 107 was promulgated on February 3, 1967 [32 FR 2411] and in accordance with "S571.5 material incorporated by reference" the November 1965 J941 material was designated therin. Since that time the basic SAE 1941 document has been revised as follows: J941a August 1967 J941b February 1969 J941b June 1972 J941d February 1975

In the current Title 49 - Transportation Code of Federal Regulations, Standard No. 107 still identifies the reference as SAE J941, November 1965.

Is it a correct interpretation that the NHTSA is referencing only J941 November 1965 and does not intend J941a or any subsequent revisions to be applicable unless the Standard No. 107 reference is changed by appropriate rulemaking action and final publication of a notice in the Federal Register?

If there is an interest in exploring the rationale for the four (4) revisions to SAE J941, I would be glad to establish a contact with the appropriate SAE Technical Committee.

John W. Kourik

ID: 77-2.39

TYPE: INTERPRETATION-NHTSA

DATE: 05/20/77

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Noah Stone

TITLE: FMVSR INTERPRETATION

TEXT: This letter is to confirm a telephone conversation you had with Kathy DeMeter of this office on May 17, 1977. You asked whether the Federal odometer mileage disclosure statement, required to be executed by 49 CFR Part 580, needed to be a separate piece of paper. The answer is "no." The regulation does not require the disclosure to be separate from other documents. If the full information required by section 580.4 can be included, a disclosure on the bill of sale or other document would satisfy the requirements. The only limitation is that it would have to be executed prior to the completion of the sale as required by section 580.4(a) of the regulation.

If you have any further questions, please do not hesitate to write.

ID: 77-2.4

TYPE: INTERPRETATION-NHTSA

DATE: 03/29/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Townsend & Townsend Attorneys at Law

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 9, 1977, letter in which you ask how the National Highway Traffic Safety Administration determines whether a school bus must comply with the new school bus safety standards.

On April 1, 1977, several new standards will become effective relating to the construction of school buses: Standard No. 220, School Bus Rollover Protection; Standard No. 221, School Bus Body Joint Strength; and Standard No. 222, School Bus Passenger Seating and Crash Protection. Further, several old standards have been amended to provide special requirements for school buses. These amendments also become effective on April 1.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563), as amended (Pub. L. 93-492), prohibits the manufacture for sale, sale, offer for sale, or introduction or delivery for introduction into interstate commerce of any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect that does not conform to the standard. This means that any school bus manufactured on or after April 1, 1977, must comply with the school bus safety standards, regardless of the date on which the bus is actually sold or introduced into interstate commerce.

For vehicles that you complete by mounting a body on a new chassis, you are permitted to choose as the date of manufacture either the date of manufacture of the incomplete vehicle (as defined in Part 568, Vehicles Manufactured in Two or More Stages), the date of final completion of the vehicle, or a date between those two dates. Only those standards in effect on the date chosen to represent the date of manufacture would be applicable to the vehicle, irrespective of the date upon which the vehicle is sold to the ultimate consumer.

I am enclosing copies of the new school bus safety standards and Part 568 for your information.

SINCERELY,

February 9, 1977

The National Highway Traffic Safety Administration Department of Transportation

Re: School Bus Safety Standards

We represent an automobile dealership which has heretofore entered into a contract for the purchase of several school buses.

Essentially, the chassis portion of the school bus is manufactured by General Motors and the bodies are then placed upon the chassis by a third party.

Our client recently received information from General Motors regarding new school bus safety regulations which will become effective on April 1, 1977 under the Motor Vehicle and School Bus Safety Amendments of 1974. Our dealer understands that there will be several modifications necessary to future school buses including locking devices for brake systems and such things as guards for gas tanks. Of course, the cost of these modifications may be great (Illegible Word) circumstances.

With this in mind, our client is particularly interested in your interpretation of when a school bus is sold or introduced into interstate commerce pursuant to Title 49, Code of Federal Regulations Section 571.3. Specifically, if the school bus was ordered and the chassis manufactured prior to the effective date of these changes, would this constitute a sale or do you contemplate sale to mean the date that the final bus is sold to the ultimate consumer? Secondly, if the school bus was completed pursuant to prior specifications before the effective date of the new standards, but is sold to the ultimate consumer after the date of the effective standards, must the modifications be incorporated in the final unit?

We would also appreciate your advise as to the effective date of these new standards for school buses.

We are located some distance from a library containing the Code of Federal Regulations and the Federal Register and thus solicit your help in attempting to answer these questions we have posed.

Your assistance in this matter will be greatly appreciated.

TOWNSEND AND TOWNSEND, ATTORNEYS

Robert N. Townsend

ID: 77-2.40

TYPE: INTERPRETATION-NHTSA

DATE: 05/25/77

FROM: FRANCIS ARMSTRONG -- NHTSA DIRECTOR OFFICE OF STANDARDS ENFORCEMENT MOTOR VEHICLE PROGRAMS

TO: TOM SCHOFIELD -- A. N. DERINGER & CO.

TITLE: NONE

TEXT: Dear Mr. Schofield:

This is in response to your recent inquiry concerning the importation of motor vehicles for resale. Such importation makes you a "manufacturer" under the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 USC 1381 et seq.) and subject to the regulations listed as items two through ten on the last page of this letter.

As a general rule, under section 108(a)(1)(A) of the Act, all motor vehicles, new or used, manufactured on or after January 1, 1968, must conform to all applicable Federal Motor Vehicle Safety Standards (FMVSS) in order to be imported into the United States. The regulation governing the importation of motor vehicles is Title 19, Code of Federal Regulations, Part 12.80 (19 CFR 12.80).

If you import a vehicle not certified by the original manufacturer, you must submit within 90 days of the entry a compliance statement to substantiate that the vehicle has been brought into conformity. Your statement must identify the manufacturer, contractor, or other person who has brought the vehicle into conformity, and must describe in exact detail the nature and extent of the work performed. Failure to substantiate that the vehicle has been brought into conformity or sale of the vehicle before release of bond, renders you liable for imposition of civil penalty of up to $ 1,000 per vehicle and/or assessment of liquidated damages in the amount of the value of the bond required by 19 CFR 12.80(c).

Section 114 (15 USC 1403) of the Act and Title 49, Code of Federal Regulations, Part 567 (49 CFR 567), require that manufacturers permanently affix a tag or label to a motor vehicle certifying that it conforms to all applicable FMVSS. Prior to your sale of a vehicle, you as the "manufacturer" are also required to certify conformance with all applicable FMVSS by permanently affixing the certification label specified, see 567.2(b) and 567.4(g)(1). This label shall be affixed at the time of submission of your compliance statement.

If you determine in good faith that any vehicle imported and sold by you does not conform with any of the applicable FMVSS or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with section 154 (15 USC 1414).

Since in all probability the trucks referenced in your conversation with Mr. Robert W. Aubuchon, a member of my staff, fall into the classification of vehicles manufactured in two or more stages, we are enclosing a copy of 49 CFR 568.

As requested the points of contact for certification matters in the companies you referenced are:

Mr. J. C. Eckhold Director, Auto Safety Office Ford Motor Co. The American Road Dearborn, Michigan 48121

Mr. David E. Martin Manager, Auto Safety Engineering Dept. Environmental Activities Staff General Motors Technical Center Warren, Michigan 48090

Mr. L. W. Moore Manager, Reliability and Warranty International Harvester Co. P.O. Box 1109 Fort Wayne, Indiana 46801

Mr. James W. Lawrence Manager, Safety and Environmental Engineering Truck Group White Motor Corp. P.O. Box 91500 Cleveland, Ohio 44101

You should also note that under 49 CFR 566 you are required to submit certain identifying information and a description of your product to the Administrator, National Highway Traffic Safety Administration.

It should also be noted that before offering a motor vehicle or item of motor vehicle equipment for importation into the United States, a foreign manufacturer is required to register an "Agent-for-Service" of process as set forth in 49 CFR 551.45 and to furnish the information required by 49 CFR 566.

Federal regulations concerning anti-pollution emission control devices are not the responsibility of the Department of Transportation. For guidance in this area it is suggested that you write the Environmental Protection Agency, Director, Mobile Source Enforcement Division, 401 M Street, S.W., Washington, D.C. 20460

You are advised to carefully examine the Act, Importation Regulations, and FMVSS as well as other regulations listed below to insure that you fully understand the extent of the responsibilities you incur upon the importation of a motor vehicle for resale. Enclosed for your information and guidance is a copy of the following:

1. The National Traffic and Motor Vehicle Safety Act of 1966 (15 USC 1381 et seq.)

2. 49 CFR 551, "Procedural Rules"

3. 49 CFR 566, "Manufacturer Identification"

4. 49 CFR 567, "Certification"

5. 49 CFR 571, "Federal Motor Vehicle Safety Standards"

6. 49 CFR 574, "Tire Identification and Recordkeeping"

7. 49 CFR 575, "Consumer Information"

8. 49 CFR 577, "Defect Notification"

9. 49 CFR 580, "Odometer Disclosure Requirements"

10. 19 CFR 12.80, "Importation Regulations"

11. Where to Obtain Motor Vehicle Safety Standards and Regulations

12. Form HS-189, "General Requirements of FMVSS"

Should you have other questions, please contact Mr. Robert Aubuchon, a member of my staff, telephone number 202-426-1693.

13. ENCLOSURES

Sincerely,

ID: 77-2.41

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Senate Transportation Committee

TITLE: FMVSS INTERPRETATION

TEXT: Permit me to comment upon Oregon House Bill 2998 which I understand is to be considered by the Transportation Committee of the Oregon Senate on June 3, 1977.

The Bill would amend ORS 483.404 to require that headlamps on motor vehicles registered in Oregon meet the standards established for such under the National Traffic and Motor Vehicle Safety Act of 1966 or

". . . the United Nations Agreement concerning the Adoption of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts; done at Geneva on 20 March 1958, as amended and adopted by the Canadian Standards Association (CSA Standard 106.2) or both."

Pursuant to 15 U.S.C. 1392(a) [Section 103(a) of the National Traffic and Motor Vehicle Safety Act of 1966] Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108), has been established, effective January 1, 1972, as the Federal standard for headlamps both as original and replacement equipment on motor vehicles. Under 15 U.S.C. 1392(d).

"Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard." [Emphasis added.]

The United Nations Agreement, and this Agreement as amended by the Canadian Standards Association, permit the use of motor vehicle headlamps that are not of sealed beam construction and whose candlepower output may exceed 75,000, and do not require that they be mechanically aimable. Standard No. 108, on the other hand, requires that headlamps on passenger vehicles be of sealed beam construction, imposes a limit of 75,000 candlepower on all but one type of headlamp, and requires that all headlamps be mechanically aimable. Thus, the United Nations Agreement, and this Agreement as amended by the Canadian Standards Association, do not specify requirements for headlamps that are identical to those of Standard No. 108. This means that if House Bill 2998 is enacted in its present form the language that I quoted from it would, in our opinion, be preempted by 15 U.S.C. 1392(d), and of no legal effect. This means also that any person in Oregon manufacturing for sale, selling, offering for sale, introducing or delivering for introduction in interstate commerce, or importing into the United States a headlamp that did not conform to Standard No. 108, in reliance upon House Bill 2998 were it to be enacted, would be subject to civil penalties for apparent violations of 15 U.S.C. 1397(a)(1)(A) in an amount up to $ 800,000 (15 U.S.C. 1398(a)), and to a restraining order (15 U.S.C.

1399(a)).

Section 1392(d) and the Act's preemptive effect have been invariably upheld. (See e.g. Chrysler Corp. v. Malloy, 294 F. Supp 524 (U.S.D.C. Vt. 1968), Chrysler Corp. v. Tofany, 419 F.2d 499 (C.C.A. 2 1969)) We would also observe that the interpretation of the preemption language by this agency, as the administering agency, has been viewed by courts as "of controlling weight." (Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969) quoted with approval in Chrysler Corp. v. Tofany, supra, at 512.)

If you have any questions, Taylor Vinson of this office will be glad to assist you (202-426-9511).

ID: 77-2.42

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Volvo of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 24, 1977, request for an interpretation concerning the requirements for attachment hardware specified in Safety Standard No. 209, Seat Belt Assemblies. You ask about the force requirements that would be applicable to attachment hardware that is common to the left and right front safety belts and also common to the pelvic and upper torso restraints.

You are correct in your assumption that the subject attachment hardware (designated part "14" in your diagram) would be required to withstand a force of at least 6,000 pounds or 2720 kilograms without fracture of any section. However, the pertinent section is paragraph S4.3(c)(2) of the standard rather than paragraph S4.4(b)(3), as you stated. Paragraph S4.3(c)(2) specifies that attachment hardware designed to receive the ends of two seat belt assemblies shall withstand a tensile force of at least 6,000 pounds. The agency concludes that the Volvo attachment part "14" is hardware designed to receive the ends of two seat belt assemblies.

The attachment bolt, part "17", for part "14" would be required to withstand a force of 9,000 pounds or 4080 kilograms under paragraph S4.3(c)(1) of the standard.

Sincerely,

ATTACH.

March 24, 1977

Frank Berndt -- National Highway Traffic Safety Adminstration

Re: Interpretation of FMVSS #209

Dear Mr. Berndt:

Volvo requests a clarification of the applicability of the following section of FMVSS #209 to certain specific items:

Paragraph S.4.3(c)(1) states: "Eye bolts, shoulder bolts or other bolts used to secure the pelvic restraint of a seat belt assembly to a motor vehicle shall withstand a force of 9000 pounds or 4080 kilograms when tested by the procedure specified in S.5.2.(c)(1), except that attachment bolts of a seat belt assembly designed for installation in specific models of motor vehicles in which the ends of two or more seat belt assemblies cannot be attached to the vehicle by a single bolt, shall have a braking strength of not less than 5000 pounds or 2070 kilograms".

Paragraph S.4.3(c)(2) states: "Other attachment hardware designed to receive the ends of two seat belt assemblies shall withstand a tensile force of at least 6000 pounds or 2720 kilograms without fracture of any section when tested by the procedure in S.5.2(c)(2)".

Paragraph S.4.4(b)(3) states: "The structural components in the assembly that are common to pelvic and upper torso restraints shall withstand a force of not less than 3000 pounds or 1360 kilograms".

Volvo uses a front seat belt assembly where certain components are common to the pelvic and upper torso restraints for both front seats. Thus, we interpret paragraph S.4.4 (b)(3) to require that the attachment hardware which is common to the left and right front safety belts and also common to the pelvic and upper torso restraints to withstand 2 x 3000 pounds or 6000 pounds. Furthermore, because a seat belt assembly is defined as all hardware designed for installing the assembly in a motor vehicle, we interpret this requirement to include the attachment bolts. Enclosed for your information is a drawing of the Volvo safety belt system.

Are these interpretations correct? If there are any questions on this matter, please contact the undersigned.

In advance, thank you for your cooperation in this matter.

Sincerely,

VOLVO OF AMERICA CORPORATION -- Product Engineering and Development;

William Shapiro P.E. -- Pegulatory Analysis Engineer

[Enclosure Omitted]

ID: 77-2.43

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Sullair Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 1, 1977, question whether your company's wheel mounted portable air compressors qualify as motor vehicles under the National Traffic and Motor Vehicle Safety Act, as amended, (15 U.S.C. @ 1381, et. seq.).

The answer to your question is yes. Section 102(3) of the Act defines motor vehicle as:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

Thus, a motor vehicle is a vehicle which the manufacturer expects will use the public highways as part of its intended function. Vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. Since your portable air compressors are used in this manner they qualify as motor vehicles. For purposes of regulating motor vehicles, the National Highway Traffic Safety Administration (NHTSA) established vehicle catagories within that class. Your portable air compressors meet the definition of one of those catagories, trailers.

The following safety standards are applicable to the manufacture of trailers: Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment; Standard No. 121, Air Brake Systems, and Standard No. 106-74, Brake Hoses (in the case of trailers equipped with air brakes); and Standard No. 120, Tire Selection and Rims for Vehicles Other Than Passenger Cars.

You will have to certify the compliance of your trailers to these safety standards. Part 566, Manufacturer Identification (49 CFR Part 566), specifies identification information which must be submitted to the NHTSA by manufacturers of vehicles and equipment that are regulated by our safety standards. Part 567, Certification (49 CFR Part 567, specifies the content and location of the certification label or tag that must be attached to motor vehicles regulated by our standards.

SINCERELY,

SULLAIR CORPORATION

April 1, 1977

United States Department of Transportation National Highway Traffic Safety Administration James B. Gregory, Administrator

Sullair Corporation requests a formal determination as to whether or not wheel mounted portable air compressors manufactured by our company fall under the jurisdiction of 15USC1391-1431 National Traffic and Motor Vehicle Safety Act of 1966, or any of the Federal Regulations listed in Appendix 1, or any other Federal Regulations administered by the United States Department of Transportation.

Briefly, our wheel mounted portable air compressors can be categorized as shown in Fig. 1 through 4, attached. Obviously, all of these categories may be considered trailers. They all have pneumatic tires, some with rims. They all contain an engine with fuel system, but none are self propelled, nor are they intended to carry passengers or any operator, and some are lined with acoustical materials.

15USC1391-1431 National Traffic and Motor Vehicle Safety Act of 1966, Title 1, Part A, Sec. 102, (3), states -" 'Motor Vehicle' means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails".

Our interpretation of this statement has been that our wheel mounted portable air compressors do not come under the jurisdiction of these Federal Regulations due to the fact that they are manufactured primarily to provide compressed air at construction sites and the like, and the fact that they are drawn over public street roads, and hghways for the purpose of transporting them from one construction site to another, or to the site of road repair, for example, was only incidental to their use, and not the primary function they are manufactured to perform.

Occasionally, we factory install customer specified optional equipment on these wheel mounted portable air compressors, such as electric, hydraulic, pneumatic, or vacuum operated service brakes, mechanical, hydralic, or pneumatic, operated parking brakes, electric or hydralic operated brakeaway brakes, safety chains stop lights, turn indicator lights, tail lights, running and/or clearance lights, hazard warning lights, and/or reflective devices, for example.

It has been our thinking that installing this sort of optional equipment only enhances the safety with which these wheel mounted portable air compressors may be drawn from one work site to another, and in no way alters the primary function that they are manufactured to perform, and as a result, does not automatically bring these products under the jurisdiction of the Federal Regulations mentioned elsewhere.

Please let us have your determination as to whether or not our interpretation and thinking are correct.

E. C. Elliott Engineer, Product Safety and Environment

[ENC. OMITTED]