ID: nht71-3.23

DATE: 06/30/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Trailer Coach Association

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 7, 1971, requesting an interpretation of the applicability of the Tire Identification and Record Keeping Regulation to the mobile home and recreational vehicle industry.

You have asked if there is a specific regulation requiring the motor vehicle dealer to report tire data to the motor vehicle manufacturer when the vehicle is sold equipped with new tires installed by the manufacturer. There is no requirement that the vehicle dealer report tire data to the vehicle manufacturer, however, in the event the vehicle is sold with tires different from those shipped on or in the vehicle by the vehicle manufacturer, the vehicle dealer would have to report the name and address of the purchaser along with the tire identification number to the tire manufacturer.

You have asked if the Administrator would apply section 113(f) of the Act to require vehicle dealers to provide tire data to the vehicle manufacturer when the vehicle is sold equipped with tires installed by the vehicle manufacturer. The vehicle manufacturer is required to keep records of tires shipped on or in his vehicles as well as the name and address of the first purchaser. It is doubtful that any additional requirements will be considered unless this system appears to be ineffective.

Regarding your question whether there is a regulation requiring the vehicle manufacturer to report tire data to the tire manufacturer, there is no requirement that vehicle manufacturer report tire information to the tire manufacturer because the responsibility for issuing defect notification to the first purchaser of the vehicle rests with the vehicle manufacturer and not with the tire manufacturer.

You have also asked, in a situation where a vehicle dealer refuses to provide "tire records" to the vehicle manufacturer, would this constitute a "due care" defense for the vehicle manufacturer who would be unable to maintain the records required by the regulation. Because each enforcement action is handled separately, it is impossible to determine in advance whether this would be considered a "due care" defense in the situation you describe, however, it would be taken into consideration before an enforcement action would be initiated. If vehicle dealers refuse to cooperate and provide first purchaser information which section 113(f) of the Act requires vehicle manufacturers to maintain, the Administration would consider issuing a regulation making this mandatory.

If we can be of any further assistance, please feel free to write.

ID: nht71-3.24

DATE: 07/02/71

FROM: E.T. DRIVER -- NHTSA; SIGNATURE BY JOHN CARSON

TO: Bandag Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 30, 1971, and to confirm opinions given by members of this office(Illegible Words) phone coversation with you.

Under the National Traffic and Motor Vehicle Safety Act and regulations issued pursuant to it the treadless casing you import is not considered to be a completed tire until the tread is applied. Therefore, the Bandag dealer applying the tread is considered to be the tire manufacturer and the Korean manufacturer of the casing does not have to put his own "DOT" number on the casing.

Since you expect many of your dealers will be using this process, in order not to unduly expand the new manufacturer's list, all your dealers are to use your assigned code number "DOT" for the grouping representing the manufacturer's assigned code and their own three symbol retreader's code in the third grouping which is normally considered the optional code:

Your dealers, as manufacturers of the tires are responsible for maintaining the records of the first purchaser of the tires they manufacturer.

I believe Docket No. 70-12, Notice No. 9 (36 P.R. 9869) answers your question concerning the location of tire identification numbers.

Mr. M. Groosman U.S. Factory Representative Automobiles Peugeot

This is in reply to your letter of June 22 requesting an interpretation of Paragraph S4.2 of Motor Vehicles Safety Standard No. 101.

You may mark your windshield wiper control, and lighting - windshield washing control in the manner indicated in your letter. We do not consider the washing control a wiping control requiring identification as such merely because the wiper is momentarily activated when the washer system is in operation.

Lawrence R. Schneider Acting Chief Counsel

ID: nht71-3.25

DATE: 07/07/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Chase Manhattan Capital Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 21, 1971 concerning the Tire Identification and Record Keeping regulation (49 CFR Part 574). We are concerned with the points you raise in your letter regarding the confidentiality of tire dealers customer's lists and the extra burden the regulation causes dealers who handle more than one brand of tires.

However, under the National Traffic and Motor Vehicle Safety Act we do not feel we have authority to require the tire manufacturer to choose someone as his designee. Section 113(f) of the Act makes the tire manufacturer responsible for maintaining the records of first purchasers.

As you probably know, any use of the customer's list by the tire manufacturer is expressly prohibited by the regulation. Any violation of this prohibition will be enforced.

I have enclosed for your information a copy of a notice published in the Federal Register May 28, 1971 which is relevant to the points you raise.

ID: nht71-3.26

DATE: 07/08/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Gator Trailers Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your correspondence of June 3, 1971, requesting information on how you can receive copies of agency proposed and final regulations, and requesting clarification of certain provisions of an amendment to the Certification regulations (49 CFR Part 567) that was published April 14, 1971.

With reference to your request to receive copies of agency rulemaking publications, we are in the process of establishing a procedure whereby members of the public will be able to receive copies of such publications on a continuing basis for a nominal charge. Until this procedure is implemented, however, upon return of the enclosed mailing list questionnaire your name will be placed on a mailing list to receive copies of relevant materials.

With reference to the amendment to the Certification regulations, you ask whether section 567.4(g)(1)(iii)(3) requires all options to be shown with their respective gross vehicle weight ratings, pointing out that various tire size options are available with your vehicles, each of which may change the GVWR. You also ask whether the requirements of section 567.4(f)(1)(iii)(4), "Gross Axle Weight Rating", apply to trailers.

The gross vehicle weight rating is a value specified by the manufacturer. While the manufacturer may list for it the precise weight of a fully loaded vehicle, considering all options, he is free to set the weight more arbitrarily if he so chooses. The manufacturer should establish the weight rating, however, with the understanding that his vehicle will be loaded to it in determining compliance with certain motor vehicle safety standards.

With reference to your second question, the gross axle weight rating is applicable to trailers. Many trailers are designed so that only a portion of the vehicle's weight is carried on the axle, with the remainder carried by the towing vehicle. In such cases the gross axle weight rating will be different from the gross vehicle weight rating.

Please write if you have further questions.

ID: nht71-3.27

DATE: 07/08/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Nathan Sagan

TITLE: FMVSR INTERPRETATION

TEXT: This is in further reply to your request made to the Regional Administrator of the National Highway Traffic Safety Administration concerning the applicability of the Tire Identification and Record Keeping regulation (49 CFR Part 57) to tires on Cushman Golf Carts.

As we indicated in our letter of June 23, golf carts are not considered to be motor vehicles within the meaning of the regulation or the National Traffic and Motor Vehicle Safety Act. Therefore, the regulation is not applicable to tires sold with or for golf carts.

ID: nht71-3.28

DATE: 07/10/71

FROM: CLUE D. FERGUSON -- NHTSA; SIGNATURE BY JOSEPH F. ZEMAITIS

TO: Superex of Ramsey Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 10, 1971, in which you state that you are interested in determining whether a particular child seat meets Federal requirements, and whether you may submit a sample fo us for approval.

The NHTSA does not furnish approvals, or statements that a particular product complies with an applicable Federal standard. Under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 at seg.) it is the responsibility of each manufacturer both to determine that his products comply with any applicable safety standard, and to certify that the product complies in accordance with section 114 of the Act (15 U.S.C 1403) and the Certification regulations (49 CFR Part 567, copy enclosed).

Manufacturers generally either test their products to the applicable standards in their own facilities, or contract with an independent test laboratory to perform the appropriate tests. It is up to the manufacturer to determine what means are best suited for his particular product. You should note, however, that the National Traffic and Motor Vehicle Safety Act requires a manufacturer to use due care both in manufacturing his products to comply with applicable standards, and ensuring that his certification that they comply is not false or misleading (Section 108). Violators of those requirements may be subject to civil penalties and other sanctions provided for in the Act (Sections 109 and 110).

A copy of the Act, with the sections specified above marked for your convenience, is enclosed. If you have any questions concerning its application to you, please write to us and we will be happy to answer them for you.

Enclosure

ID: nht71-3.29

DATE: 07/13/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Volkswagen of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your petition for rulemaking of June 28, 1971. You requested that Standard No. 208 be amended to allow the seat belt warning switch to be installed in the buckle instead of the retractor.

The action on petitions for reconsideration issued on July 2, 1971, in effect granted your request, allowing the warning shut-off to be keyed to webbing withdrawal or buckle closure.

ID: nht71-3.3

DATE: 05/17/71

FROM: AUTHOR UNAVAILABLE; L. B. Schneider; NHTSA

TO: Toyota Motor Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 1 seeking a clarification of paragraph S4.1.2 of Motor Vehicle Safety Standard No. 104.

We confirm your understanding that S4.1.2 excludes any part of wiped areas A, B, and C that lie outside the perimeter line. Change of your driver's seating reference point to meet the proposed requirements of Standard No. 201 does not affect the percentage of area A, assuming no change in the perimeter line.

ID: nht71-3.30

DATE: 07/13/71

FROM: L. R. SCHNEIDER -- ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY DAVID SCHMELTZER

TO: Grove Manufacturing Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 22, 1971, regarding the Tire Identification and Record Keeping Regulation (49 CFR 574).

You have asked if Grove Manufacturing Company is a "Motor Vehicle Manufacturer" within the meaning of section 574.10 of the regulation. As you indicated in your letter, you are the final-stage manufacturer of a truck mounted hydraulic crane, and as such, you are considered the vehicle manufacturer under section 568.3 of Vehicles Manufactured in Two or More Stages (49 CFR 568). As the vehicle manufacturer, you are required to maintain records of the name and address of the first purchaser of your vehicles, for purposes other than resale, along with a record of the tires on the vehicle at the time it is shipped.

Enclosed for convenience are copies of both regulations.

For your information, I would direct you to section 568.7 which allows an incomplete vehicle manufacturer to assume all the responsibilities of a manufacturer; this would include the record keeping responsibilities of Part 574.

If we can be of further assistance, please feel free to write.

ID: nht71-3.31

DATE: 07/12/71

FROM: L. R. SCHNEIDER -- ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY DAVID SCHMELTZER

TO: Recreational Vehicle Institute Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 3, 1971, concerning the application of sections 111 and 113 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1400, 1402), and the Defect Reports regulations (49 CFR Part 573), to manufacturers of slide-in campers.

In your letter, you state your conclusion that slide-in campers are items of motor vehicle equipment; that consequently, sections 113(a), 113(b), 113(c), 113(d) and 113(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @@ 1402(a), 1402(b), 1402(c), 1402(d), 1402(e)) do not apply to manufacturers of slide-in campers; that Part 573, "Defect Reports," similarly does not apply to them, but that section 111 of the Act (15 U.S.C. 1400) does apply to them. You request that we confirm those conclusions of advise you in which areas we disagree.

You are correct in concluding that a slide-in camper is an item of motor vehicle equipment under the Act. The Administration's position has not changed since publication of the ruling of March 26, 1968 (33 F.R. 5020), to which you refer, concerning the classification of slide-in campers as items of motor vehicle equipment. We also agree with your conclusion that sections 113(a), 113(b), and 113(c) of the Act, do not directly apply to manufacturers of slide-in campers. They apply, as you state, only to manufacturers of motor vehicles.

We also agree with your conclusion that section 113(d) of the Act (15 U.S.C. 1402(d)) and Part 573, Defect Reports, do not apply to manufacturers of slide-in campers or other motor vehicle equipment. We also agree that section 111 of the Act (15 U.S.C. 1400) does apply to both equipment and vehicle manufacturers.

We do not agree, however, with your position that section 113(e) of the Act (15 U.S.C. @ 1402(e)) applies only to manufacturers of motor vehicles. To read section 113(e) in this manner would allow one of the basic remedial provisions of the Act to be ineffective in dealing with a vast segment of the industry that the Act is intended to regulate. Our position is that section 113(e) applies both to manufacturers of motor vehicles and to manufacturers of motor vehicle equipment, and that sections 113(a), 113(b) and 113(c) as referenced in that section also apply to both types of manufacturers. We believe this conclusion to be clearly reflected in the language of these sections. While the language of section 113(a) refers only to manufacturers of motor vehicles, section 113(e) refers with equal emphasis to manufacturers of a motor vehicle or item of motor vehicle equipment.

To summarize, while manufacturers of slide-in campers or other motor vehicle equipment are not obligated to conduct voluntary defect notification campaigns pursuant to section 113(a), should the Administrator determine, pursuant to section 113(e), that a slide-in camper or other item of motor vehicle fails to comply with an applicable motor vehicle safety standard, or contains a defect that relates to motor vehicle safety, then the Administrator is authorized to order the manufacturer of that item of motor vehicle equipment to conduct a notification campaign, as specified in sections 113(a), 113(b), and 113(c). Failure or refusal by the manufacturer to do so may result in a violation of section 108(a)(4) of the Act (15 U.S.C. @ 1397(a)(4)) and the impositions of the sanctions specified in sections 109 (15 U.S.C. @ 1398) and 110 (15 U.S.C. @ 1399).

I wish to point out that, in practice, manufacturers of slide-in campers or other motor vehicle equipment and manufacturers of motor vehicles may be treated similarly under section 113. When the Administration has reason to believe that either a motor vehicle or item of motor vehicle equipment fails to comply with an applicable standard or contains a safety-related defect, the manufacturer is generally requested to discuss the matter informally before a formal determination is made pursuant to section 113(e). Most manufacturers have, at this point, and irrespective of whether they manufacture vehicles or equipment, voluntarily offered in the best interests of safety to notify owners of record of the problem.

We are pleased to be of assistance.