ID: 9508

Mr. Carl Haywood
Operations Manager
Emergency Response Specialists
2251 Happy Top Road
Morris, Alabama 35116

Dear Mr. Haywood:

This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows:

Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases.

You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows:

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.

If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply will all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, then the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority.

Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified under our regulations. NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers for the purpose of Federal regulations.

NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages.

Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subject to the requirements of Standard No. 207.

Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trailer portion of the response units are not required to have any type of safety belt at any seating position.

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1, 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor.

Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to be comply with Standard No. 209.

Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer.

Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that are appropriate to a safe design.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:VSA#207#208#209#210 D:3/17/94

ID: nht94-1.85

TYPE: Interpretation-NHTSA

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carl Haywood -- Operations Manager, Emergency Response Specialists (Morris, Alabama)

TITLE: None

ATTACHMT: Attached to letter dated 12/21/93 from Carl Haywood to John Womack

TEXT:

This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows:

Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. D uring air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases.

You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows:

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.

If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply with all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, the n the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority.

Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and

recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified unde r our regulations. NHTSA he fines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers fo r the purpose of Federal regulations.

NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages.

Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facin g seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subj ect to the requirements of Standard No. 207.

Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trail er portion of the response units are not required to have any type of safety belt at any seating position.

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1 , 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor.

Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to comply with Standard No. 209.

Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer.

Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that a re appropriate to a safe design.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202)366-2992.

ID: nht76-2.31

DATE: 03/05/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood; NHTSA

TO: Department of California Highway Patrol

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 10, 1976, asking whether S4.6(b) of Motor Vehicle Safety Standard No. 108 allows a flashing side marker lamp "in any location on the side of a motor vehicle without having to comply with State law pertaining to side-mounted turn signals."

S4.6(b) allows side marker lamps to flash for signalling purposes. Since a flashing side marker lamp is in essence a side turn signal lamp, any State regulation specifically addressed to location and flash rate of side turn signals would appear to be preempted by Standard No. 108, if the side marker lamp is combined with a side turn signal lamp. If the side turn signal lamp is a separate lamp, then it would be subject to State regulation.

Your inquirer wishes to install "a side marker lamp on each side near the middle of the trailer to flash with the turn signal lamps." If the lamp to be added is not the intermediate side marker lamp required by Standard No. 108 for trailers whose length is 30 feet or more, it would be governed by the California Vehicle Code and not preempted.

We intend to address the issues of side mounted turn signal lamps, flashing side marker lamps, and flashing headlamps in a rulemaking proposal whose publication is imminent, and I will include your letter in the Docket as a comment to be considered.

YOURS TRULY,

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

March 10, 1976

File No.: 61.A218.A4343

James C. Schultz Chief Counsel National Highway Traffic Safety Administration

We have a question concerning an interpretation of Section S4.6(b) of FMVSS No. 108. This paragraph states that "means may be provided to flash headlamps and sidemarker lamps for signaling purposes".

We have had an inquiry from a supplier to a major trailer manufacturer as to whether or not he can install a sidemarker lamp on each side near the middle of the trailer to flash with the turn signal lamps. The California Vehicle Code provides that "side-mounted turn signal lamps of an approved type projecting a flashing amber light to either side may be used to supplement the front and rear turn signals. Side-mounted turn signal lamps mounted to the rear of the center of the vehicle may project a flashing red light no part of which shall be visible from the front." The Administrative Regulations require the approved side turn signal lamps to meet the same requirements as SAE Standard J914a.

These standards were adopted to assure that lamps installed on a vehicle as a side turn signal lamp had sufficient performance to be of value to other motorists both day and night, whether mounted on a passenger car, a truck or a trailer. A range of mounting heights was established in our regulations so that the side turn signal lamp would be near the eye height of drivers alongside the vehicle.

In the past, the only vehicles flashing the sidemarker lights as allowed by your standard were passenger cars. In these cases, we had read your standard as permitting the minimum number of sidemarker lamps required by your standard to flash but not giving authority for the indiscriminate addition of numerous other sidemarker lamps in other locations on the side of the vehicle.

We do not see any particular problem with allowing a required sidemarker lamp to flash simultaneously with a required turn signal lamp on the same side and on the same end of the vehicle. Unfortunately, one major passenger car manufacturer selected a system that caused the sidemarker lamps to flash alternately with the turn signals which, in our opinion, detracts from the signal value of the required turn signal instead of adding to it, particularily when both signals are seen to flash alternately at certain angles from the front or rear of the vehicle.

We now come to the question. Does Section S4.6(b) permit a manufacturer to install and flash with the turn signal any sidemarker lamp in any location on the side of a motor vehicle or trailer without having to comply with State law pertaining to side-mounted turn signals?

If the answer is "yes", we ask that you consider an appropriate revision to FMVSS No. 108 within the near future. We suggest that an amendment be proposed to require the side turn signals to flash simultaneously and in unison with the appropriate turn signal rather than alternately with the signal. In addition, we request that:

1. Only the minimum required sidemarker lamps on the each end of the vehicle be allowed to flash with the turn signal lamps.

2. Only sidemarker lamps near the eye height of passenger car drivers alongside the vehicle be allowed to flash. Sidemarker lamps at the extreme tops of trucks and trailer lamps are so far removed from the turn signal that another driver seeing them blink would likely be distracted by them instead of relating them to a turn being signaled.

3. New provisions be worded so attempts of various state laws to require higher-performing side mounted turn signals that are effective in the daytime are not placed in limbo because the Federal Standard allows a far less effective lamp of only 0.25 to 0.62 candlepower to flash in its place.

4. High mounted sidemarker lamps on buses not be allowed to flash as part of the turn signal system, because transit buses are permitted in this State to simultaneously flash all clearance and sidemarker lamps as a crime warning signal when driver or passengers are accosted. These signals are visible both from police patrol cars and police helicopters. Before-and-after surveys have shown that they are quite effective in making substantial increases in the rate of apprehension of suspects.

5. Headlamps not be allowed to flash with the turn signal lamps as now permitted. It is more important that a driver of a vehicle be able to see a lighted roadway in the direction in which he is going rather than using the headlamps to supplement an already effective front turn signal.

We would appreciate receiving your interpretation of the flashing headlamp and sidemarker lamp provisions. If you wish, we will be pleased to send you copies of our regulations on side turn signal lamps, alternately flashing headlamps for emergency vehicles, and data on the reduction in crime on buses following the installation of flashing crime warning lamps.

WARREN M. HEATH Commander Engineering Section

ID: nht89-2.95

TYPE: INTERPRETATION-NHTSA

DATE: 09/07/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: TERRY HUDYMA -- VICE PRESIDENT, ENGINEERING LAFORZA AUTOMOBILES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 11/16/88 FROM TERRY HUDYMA -- LAFORZA AUTOMOBILES TO CHIEF COUNSEL NHTSA; REF 49CFR 567, CERTIFICATION; OCC 2857; LETTER DATED 05/06/85 FROM JOFFREY R. MILLER CHIEF COUNSEL TO HAYLEY ALEXANDER

TEXT: Dear Mr. Hudyma:

Thank you for your letter requesting an interpretation of 49 CFR Part 567, Certification. Specifically, you asked about certification requirements for multipurpose passenger vehicles that will be assembled in Italy and in Michigan. I apologize for the d elay in this response. The vehicles in question will be assembled in Italy to the extent that they will be "complete with everything except the engine (and associated equipment such as ignition and air conditioning, etc.), transmission and transfer case in Italy." These assemblies will then be imported into the United States where the vehicles will be completed. You state that both the operations in Italy and in Michigan will be performed pursuant to a contract with LAFORZA, who will have "complete co ntrol over the manufacturing process at all times."

It is your understanding that in the fact situation described above, LAFORZA is considered to be the manufacturer of the vehicle and therefore LAFORZA is responsible for affixing the certification label on the completed motor vehicle pursuant to 49 CFR P art 567. You asked us to confirm this interpretation. We cannot do so. Under our law and regulations, the company that completes the vehicles in Michigan is a "manufacturer" of the vehicles in question. The information provided in your letter is inad equate to allow us to determine whether LAFORZA might also be considered a "manufacturer" of these vehicles.

The first issue to be addressed in our analysis is whether the products in question are "incomplete vehicles" when they arrive in the United States. An "incomplete vehicle" is defined at 49 CFR @568.3 as:

. . . an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufact uring operations, other than the addition of readily attachable components,

such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

Your letter states that the products that arrive in the United States will not have an engine or transmission, which means they will not have a power train.

Accordingly, @568.3 makes clear that these products would not be "incomplete vehicles" for the purposes of our regulations. In previous interpretations, we have referred to products that do not qualify as "incomplete vehicles" as an "assemblage of items of motor vehicle equipment". In those previous letters, we have stated that the assemblage should be labeled as items of motor vehicle equipment for importation into the United States and that the importer of the assemblage must certify that each item of motor vehicle equipment that is covered by a Federal motor vehicle safety standard complies with such standard. See the enclosed May 6, 1985 letter to Mr. Hayley Alexander.

This finding also means that the Italian company that produces these "assemblages of items of motor vehicle equipment" is not a "manufacturer" of motor vehicles with respect to the vehicles in question. Section 102(5) of the National Traffic and Motor V ehicle Safety Act (15 U.S.C. 1391(5); the Safety Act) defines a "manufacturer" as "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipme nt for resale." In this case, the Italian company producing the assemblage of items of motor vehicle equipment has not manufactured or assembled any motor vehicles, nor has it imported any motor vehicles. Hence, it does not fit the statutory definition of a "manufacturer" of the vehicles in question.

After these assemblages are imported into the United States, the operations performed by the Michigan company will transform the items of motor vehicle equipment into a motor vehicle. Therefore, the Michigan company would be a "manufacturer" of these ve hicles for the purposes of the Safety Act and our regulations. Since @567.4(g)(1) requires the certification label to include the name of the manufacturer, the vehicles could comply if the name of the Michigan company were shown on the certification lab el.

The information in your letter was inadequate to allow us to make even a tentative determination of whether LAFORZA may also be considered a manufacturer of these vehicles. The agency discussed the issue of vehicles with more than one "manufacturer" at length in its proposal to establish rules of attribution for determining which of the manufacturers would be responsible for complying with the phase-in requirements in Standard No. 208, Occupant Crash Protection (49 CFR @571.208). In that proposal, NHT SA said:

Since the National Traffic and Motor Vehicle Safety Act places the responsibility of compliance with safety standards on manufacturers, the agency does not have authority to attribute a vehicle to a party other than one of the vehicle's manufacturers. However, the agency considers the language in section 102(5) of the Vehicle Safety Act that a manufacturer is "any person engaged in the manufacturing or assembling of motor vehicles . . ." to be sufficiently broad to

include sponsors, depending on the circumstances. For example, if a sponsor contracts for another manufacturer to produce a design exclusively for the sponsor, the sponsor may be considered the manufacturer. This follows from application of basic princ iples of agency law. In this case, the sponsor is the principal. On the other hand, the mere purchase of vehicles for resale by a company which also is a manufacturer of motor vehicles does not make the purchaser the manufacturer of those vehicles. 50 FR 14589, at 14596; April 12, 1985.

According to your letter, LAFORZA has a contractual relationship with the company in Intaly that is producing the assemblage of items of motor vehicle equipment and a contractual relationship with the company in Michigan that is assembling the motor vehi cle. These contractual relationships led you to assert that ". . . LAFORZA Automobiles will have complete control of the manufacturing process at all times." If LAFORZA merely has contractual relationships under which it purchases products for resale fr om the companies in Italy and Michigan, LAFORZA would not be considered the manufacturer of those vehicles. If you can provide us with information about any role LAFORZA has in producing these vehicles besides contracting with other companies to assembl e the vehicles, we will review that information and offer our interpretation of whether LAFORZA could be considered a "manufacturer" of these vehicles for the purposes of the Safety Act and our regulations.

Sincerely,

ENCLOSURE

ID: nht95-2.94

TYPE: INTERPRETATION-NHTSA

DATE: May 24, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Terry M. Habshey -- Oxytire Incorporated

TITLE: NONE

ATTACHMT: ATTACHED TO 3/6/95 LETTER FROM TERRY M. HABSHEY TO PHILIP RECHT (OCC 10785)

TEXT: Dear Mr. Habshey:

This responds to your March 6, 1995 letter to Philip Recht, our former Chief Counsel, and your telephone conversations with Walter Myers of my staff in which you requested a "new D.O.T. number." As discussed below, we are unable to provide you a tire man ufacturer's identification mark since the operations you perform on tires are not sufficient to make you the manufacturer of the tires.

You explained that your company is a global exporter of tires, particularly to third world countries, but that you intend to distribute tires domestically in the future. You stated that you obtain new tires from different manufacturers consisting of ori ginal equipment overruns, blems, etc., and that by a new process you intend to remove "most" of the information from the tire sidewalls. The new process includes removing a thin layer of rubber from the tire sidewall, then vulcanizing a layer of new rubb er onto the sidewall. The new layer will contain a new "registered" trade name, logo, and "identifying marks along with the size, safety information, mounting instructions, maximum and minimum inflating instructions, etc." You emphasized that all tires will be new and meet "all minimum standards established by the Department of Transportation."

Before addressing your request, let me first provide some background information. Chapter 301 of Title 49, U.S. Code (hereinafter Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety st andards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment sold in or imported into the United States. Tires are considered motor vehicle equipment. The Safety Act establishes a self-certification system in which manufact urers certify that their products comply with all applicable FMVSSs effective on the date of manufacture. In the case of tires, manufacturers reflect that certification by molding the letters "DOT" into or onto the sidewalls of all their tires manufactu red for sale in the United States.

The FMVSSs are not applicable to tires intended solely for export, labeled for export on the tires and on the outside of the container, and exported. See 49 U.S.C. @ 30112(b)(3); 49 Code of Federal Regulations (CFR) 571.7(d)). Accordingly, you are free to export any tires you want, whether or not they comply with the FMVSSs and after whatever modifications you make to them.

That is not the case, however, with tires distributed for sale in the United States. FMVSS No. 109, New pneumatic tires and FMVSS No. 110, Tire selection and rims, specify performance standards and labeling requirements for new passenger car tires and r ims. FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars and FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars, specify performance standards and labeling requirements applicable to tires and rims for vehicles other than passenger cars. 49 CFR Part 574, Tire identification and recordkeeping, requires new tire manufacturers to permanently mold into or onto one tire sidewall a tire identification number (TIN) and specifies methods by which new tire manufacturers and new tire brand name owners shall maintain records of tire purchasers. 49 CFR Part 575.104, Uniform tire quality grading standards (UTQGS), requires new motor vehicle and new tire manufacturers and brand name owners to provide informat ion to consumers concerning the relative performance of passenger car tires in the areas of treadwear, traction, and temperature resistance. The UTQGS grades are also required to be molded into or onto the tire sidewall.

The labeling requirements specified in the regulations referred to above apply to the actual tire manufacturers and/or brand name owners, and the required information, including the DOT symbol and the TIN, must appear on all new tires before they can be sold to their first retail purchasers. A tire distributor or dealer cannot legally remove any of the required information from new tire sidewalls. The required information on new tires is intended for safety purposes, purchaser information, and to enab le this agency to identify the manufacturer in the event of a noncompliance or defect in a tire line or lot.

A "manufacturer" is defined in 49 U.S.C. @ 30102(a)(5) as one who manufactures or assembles motor vehicles or equipment or one who imports motor vehicles or equipment for resale. The operations you describe would not be sufficient to make you the manufa cturer of the tires in question. According to your letter, you would, for marketing reasons, remove a thin layer of the surface area of the sidewalls of the tires so that most of the existing information is removed. You would then apply a new thin laye r of rubber containing new information. Your operations would thus not be changing the basic tire as such but simply changing the labeling. A change in labeling would not change who manufactured the tire. Thus, since you would not be a manufacturer of tires, you may not obtain a manufacturer's identification mark in accordance with 49 CFR @ 574.6. Only tire manufacturers or retreaders may obtain that mark.

49 U.S.C. @ 30122(b) prohibits manufacturers, distributors, dealers, and/or motor vehicle repair businesses from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or item of equipment in compliance with applicable FMVSSs unless that individual reasonably believes that the vehicle or equipment will not be used when the device or element is inoperative. Thus, removal of the labeling information required to be marked on tire sidewalls in accordance w ith the standards and regulations discussed above could be a violation of @ 30122(b), which could subject the violator to civil penalties of up to $ 1000 per violation, or up to $ 800,000 for a series of related violations.

In summary, the Safety Act does not apply to tires intended solely for export. Thus, those tires are not required to comply with any FMVSSs. However, all new or retreaded tires sold or imported into the United States for sale must comply with all applic able FMVSSs and regulations as discussed above. Distributors and dealers may not remove any of the labeling information required to be marked on new tires by the actual manufacturers and/or brand name owners of those tires. Removal of that information c ould make inoperative an element of design on those tires, which could constitute a violation of 49 U.S.C. @ 30122(b).

I hope this information is helpful to you. Should you need additional information or have further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: 571.141 NCC-230601-001 Nagaraj-Superhorn

ID: aiam1377

Dear Mr. West: This is in response to your letter of January 2, 1974 requestin information concerning the legal permissibility of an automobile dealership furnishing private passenger motor vehicles with add-on gasoline tanks of modifying existing gasoline tanks.; Motor Vehicle Safety Standard No. 301, *Fuel System Integrity* establishes minimum performance requirements for motor vehicle fuel systems. Compliance with the level of performance mandated by the standard is enforced by Section 108 (a)(1) of the National Traffic Safety Act which prohibits the manufacture, sale, delivery, or importation of vehicles or motor vehicle equipment that do not meet the requirements of applicable safety standards. Therefore, if your client modified a motor vehicle fuel tank in such a manner that it no longer complied with Standard No. 301 and then offered it for initial sale for purposes other than resale he would be in violation of the Motor Vehicle Safety Act and would be subject to civil penalties of not more than $1,000 for each such violation. If, however, your client performed a fuel tank modification on a vehicle that was already owned by and in the possession of a buyer who purchased the vehicle for purposes other than resale, no violation of the Act could result. The installation of an add-on fuel tank would be considered a modification. Therefore, the fuel system would have to comply with Standard No. 301 with the add-on fuel tank considered as part of the system.; There are no Motor Vehicle Safety Standards applicable to add-o gasoline tanks since these are items of motor vehicle equipment and Standard No. 301 restricts its application to motor vehicles. Section 113(e)(2) of the Motor Vehicle Safety Act, however, authorizes the Secretary of Transportation to determine whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If the Secretary finds that a safety-related defect exists, your client may be compelled to notify all purchasers of vehicles with the add-on fuel tanks of the attendant hazard.; The action of installing add-on gasoline tanks in motor vehicle exposes your client to the requirements of yet another safety regulation (49 CFR 567.7). If the vehicle in which he installs the fuel tank is a certified and complete vehicle that has not yet been purchased in good faith for purposes other than resale, your client will be considered an alterer of the vehicle, and he must provide a certification that the vehicle as altered still conforms to the standards.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3925

Dear Mr. Richard: This responds to your letter inquiring about the Federal safet standards that would apply to a product you are planning to sell. You stated that the product is a 6 inch by a 4 inch sheet of 1/8 inch thick semi-transparent rubber that is held on a side window of a vehicle by four suction cups. The purpose of the sheet is to shield vehicle occupants from the sun. The following discussion explains the applicability of our safety standards to your sun screen.; Pursuant to the National Traffic and Motor Vehicle Safety Act, we hav issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials,* (49 CFR 571.205) which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; Any manufacturer, dealer or other person who installs tinting films o other sun screen devices, such as those described in your letter, in *new* vehicles must certify that the vehicle as altered, continues to comply with the requirements of the standard. Thus, for example, the light transmittance through the combination of the sun-screening material and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the other applicable requirements of the standard, such as the abrasion resistance requirements.; After a vehicle is sold to the consumer, owners may alter thei vehicles as they please, so long as they adhere to all State requirements. Under Federal law, an owner may install any device regardless of whether the installation adversely affects light transmittance. The agency does, however, urge owners not to install equipment which would render inoperative the compliance of a vehicle with our standards. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying sun screens on their vehicles.; If a manufacturer, dealer, distributor or motor vehicle repair busines installs the sun screen device for the owner of a used vehicle, then S108(a)(2)(A) of the Vehicle Safety Act may apply. That section provides that none of those persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; I am enclosing the sample of your product you sent with your letter. I you need further information, the agency will be glad to provide it.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam2817

Dear Mr. Sornson: This is in reply to your letter of May 4, 1978, to Howard Dugof requesting confirmation of two interpretations of Motor Vehicle Safety Standard No. 108. You have cited our letter of December 29, 1976, to your Mr. Weil as support for your views.; With respect to your first concern, you have stated your understandin that in a multiple compartment taillamp the manufacturer has the option of using one or more compartments to meet the minimum photometric requirements specified for taillamps, but when the intensity ratio of the turn signal lamp to the taillamp is computed, the ratio must be determined with all taillamp compartments lighted.; As we interpret Standard No. 108's requirements for taillamps (SA Standard J585d, *Tail Lamps (Rear Position Light)*, August 1970), a single compartment lamp may be used as a taillamp, but if a multiple compartment lamp or multiple lamps are used to meet the photometric requirements, S3.1 of J585d requires that the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding numbers of lighted sections (Table 1, J585d) in those instances where the distances between filament centers do not exceed 22 inches for two- compartment or lamp arrangements, and 16 inches for three compartment or lamp arrangements. If these distances are exceeded, each compartment or lamp must comply with the photometric requirements for one lighted section. Therefore your interpretation is incorrect that a manufacturer may use only one compartment of a multi-compartment lamp when considering compliance with the photometric requirement for taillamps.; Your second concern is the requirement for multiple lamps in excess o three. You have noted that Table 1 of SAE J585 makes no provision for candlepower requirements where there are more than three lighted sections. Noting that the maximum candlepower permissible rises in increments of 5 per section (15 for one section, 20 for two sections, 25 for three sections) you have asked for confirmation of your opinion that 'it appears logical that the allowable candle-power for a four compartment system should be 30 candlepower.'; Standard No. 108 does not specify requirements for compartments o lamps in excess of three. If you wish to use a four compartment or lamp system you are legally free to distribute the candlepower as you deem appropriate. Accordingly we have no objection to your belief that 30 candlepower is allowable provided that the multiple compartment lamp or multiple lamp arrangement meets all other requirements of J585d.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam1515

Dear Mr. Dobbyn: Your May 1, 1974, letter to Mr. Clyde Roquemore has been forwarded t me for reply. You ask for our comments on a draft standard on crash helmets developed by the National Bureau of Standards' Law Enforcement Standards Laboratory for the National Institute of Law Enforcement and Criminal Justice, which was enclosed in your letter. You point out that this draft standard 'is intended for voluntary use by state and local law enforcement agencies in their equipment selection and procurement process.'; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966, 15 U.S.C. 1392(d), provides:; >>>Whenever a Federal motor vehicle safety standard established unde 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. Nothing in this section shall be construed to prevent the Federal Governmnent or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.<<<; Pursuant to his statutory authority under the National Traffic an Motor Vehicle Safety Act, the Administrator of the National Highway Traffic Safety Administration (NHTSA) established Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*, 49 CFR Part 571.218, on August 9, 1973. Since Standard No.218 establishes minimum performance requirements for motorcycle helmets manufactured for use by motorcyclists and other motor vehicle users, any differing State or municipal requirements in the form of laws or regulation applicable to the design or performance of motorcycle helmets which have a bearing on safety would be void in accordance with the preemption provision of the Act cited above.; On the other hand, if a law enforcement agency (or any other person wishes to establish higher requirements for its own procurement purposes, for helmets that nevertheless conform to Federal standards, nothing in the law would prohibit that.; I have enclosed a copy of the National Traffic and Motor Vecle Safet Act of 1966 and copies of each of the four notices issued by the NHTSA on motorcycle helmets. If I can be of any further assistance, please let me know.; Sincerely, Lawrence R. Schneider, Chief Counsel