ID: nht89-3.12

TYPE: INTERPRETATION-NHTSA

DATE: OCTOBER 11, 1989

FROM: GARY R. BALANZA

TO: OFFICE OF COMPLIANCE -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 4-9-90 TO GARY R. BALANZA FROM STEPHEN P. WOOD; (A35; STD. 108; VSA 108 (a)(2)(A) TEXT:

Aloha! My name is Gary Balanza and I reside in Honolulu, in the state of Hawaii.

I am in the process of submitting an application to the U.S. patent office.

The required lighting on motor vehicles is regulated through FMVSS-108.

Since my invention, PINLIGHTS, is a non-required lighting system, I need the N.H.T.S.A.s legal opinion whether this such lighting system will or will not interfere with the standard equipment.

Thank you.

P.S. Please respond immediately, your reply is urgently needed to proceed with the necessary paperwork, thanks again.)

Attachment

PURPOSE AND DISCUSSION OF SAFETY

Accidents and deaths on public roads and highways pose a very serious human and economical problem with major deleterious effects on public welfare.

There is a vital need for the development and promotion of automotive safety equipment and education.

Therefore, I feel that night driving will be demonstrably and scientifically much safer with additional auxiliary lighting systems.

My reason is this, I am in the process of applying for a patent that incorporates a streamlined lighting system that when illuminated, will light up the entire length of a vehicle.

With PINLIGHTS, it is much more visible to see a line of light than the standard auxiliary lamps currently available on motor vehicles.

Given these reasons, please grant me written permission for research and development purposes. I also request that your administration to set standards or guidelines I am able to follow.

DESCRIPTION OF INVENTION

I. SUBJECT: Pinlights (Tradename in process of being applied for)

II. DESCRIPTION: Pinlights is an auxiliary lamp system custom/ mass produced to fit an automobile's side contours. It involves:

A. Creating a cavity on the sides of a vehicle. B. Connecting and wiring of the lighting. C. Covering the sides with one of the many plastics available.

III. VARIATIONS: Please specify, I leave the answers up to the board or committee. 1. Number of stripes allowed on a car. 2. Colors allowed on a car. 3. Maximum brightness allowable.

ID: nht89-3.13

TYPE: INTERPRETATION-NHTSA

DATE: 10/12/89

FROM: GEORGE MILLER -- MEMBER OF CONGRESS

TO: NANCY BRUCE -- DIRECTOR OFFICE OF CONGRESSIONAL AFFAIRS DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/1/89 FROM STEPHEN P. WOOD -- NHTSA TO U.S. CONGRESSMAN GEORGE MILLER; REDBOOK A34; STANDARD 125; LETTER DATED 10/17/89 FROM NANCY L. BRUCE -- D.O.T OFFICE OF CONGRESSIONAL AFFAIRS TO GEORGE MILLER, U.S. HOUSE OF REPR ESENTATIVES; LETTER DATED 10/4/89 FROM DELL RANDLE TO CONGRESSMAN GEORGE MILLER; LETTER DATED 9/8/89 FROM ELIZABETH M LUCAS -- NATIONAL SAFETY COUNCIL, PRODUCT DEVELOPMENT TO DELL RANDLE OF SHIKARI CONSULTANT FIRM LTD.

TEXT: Dear Ms. Bruce:

The enclosed correspondence from my constituent, Mr. Dell Randle, concerning the safety approval of his device, the Shi-Lite Holder, is being forwarded for your consideration.

I would appreciate any assistance you may be able to provide in addressing the concerns presented in Mr. Randle's letter. Please direct your response to Jennifer Steneberg of my Richmond office at 3220 Blume Drive, Suite 281, Richmond, CA 94806, (415 ) 222-4212.

Sincerely,

ID: nht89-3.14

TYPE: INTERPRETATION-NHTSA

DATE: 10/12/89

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

TO: DAVID W. RANEY -- ENVIRONMENTAL ACTIVITIES MANAGER SAAB-SCANIA OF AMERICA, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 6/29/89 FROM DAVID W. RANEY OF SAAB TO ERIKA JONES OF NHTSA

TEXT: Dear Mr. Raney:

Thank you for your letter requesting our interpretation of 49 CFR Parts 541, Federal Motor Vehicle Theft Prevention Standard, and 543, Exemption from Theft Prevention Standard. I apologize for the delay in this response.

You asked two questions. Your first question concerned the scope of the exemptions granted under Part 543. You noted that the Saab 9000 car line has been determined to be a high theft car line. Accordingly, Part 541 requires that both the original equ ipment and the replacement major parts for the Saab 9000 be marked with certain information. Your letter states that your company marked both the original equipment and replacement major parts for the Saab 9000 in the 1987 and 1988 model years.

For the 1989 model year, the Saab 9000 was granted an exemption from the parts marking requirements of Part 541, pursuant to the provisions of Part 543. Your company understands that this exemption means that the original equipment parts on the Saab 900 0 are no longer required to be marked. However, the replacement parts for the Saab 9000 that are produced in 1989 and thereafter pose a more difficult problem. On the one hand, Saab could consider these parts as replacement parts for the 1989 models, w hich would mean these parts are exempted from the parts marking requirement. On the other hand, these parts could also be considered as replacement parts for the 1987 and 1988 Saab 9000 line, which would mean the parts have to be marked because no exemp tion applies for such parts.

The answer to your question is that once a high theft line is granted a Part 543 exemption in whole from the parts marking requirements of Part 541, as the Saab 9000 was, the replacement parts for that line are also exempted from the parts marking requir ements even if those parts can be used as replacement parts for the high theft line during model years for which no exemption applies. NHTSA addressed this issue in the preamble to the September 8, 1987 final rule establishing Part 543 (52 FR 33821), as follows:

Section 602(d)(2)(A) of Title VI (of the Motor Vehicle Information and Cost Savings Act) states that the vehicle theft prevention standard can not require 'identification of any part which is not designed as a replacement for a major part required to be identified under such standard.' (Emphasis added.) As long as a manufacturer is producing a car line under an exemption granted in whole, there is no requirement to identify major parts otherwise subject to the theft standard; therefore, NHTSA can not re quire marking replacement parts. 52 FR 33828.

Applying this reasoning to your company's situation, Saab was free to discontinue marking both the original equipment and replacement major parts for the Saab 9000 as soon as the Part 543 exemption took effect, provided that Saab actually installed the a ntitheft device described in its petition as original equipment on 1989 Saab 9000 vehicles.

Your second question asked whether the manufacturer of a high theft car lines that has been granted an exemption from the parts marking requirements, pursuant to Part 543, may discontinue the installation of the antitheft device and resume parts marking in some future model year. We addressed this issue in detail in a May 4, 1988 letter to Ms. Deborah Bakker, a copy of which is enclosed for your information. A manufacturer of a high theft line that has received an exemption under Part 543 is required to either install the antitheft device as standard equipment on every vehicle in that line produced during a model year or to mark all original equipment and replacement major parts for that line produced during the model year. As long as Saab marked al l of the original equipment and replacement parts produced in a model year for the Saab 9000, your company is free to stop installing the antitheft device on those cars.

If you have any further questions or need additional information on this subject, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

ENCLOSURE

Sincerely,

ID: nht89-3.15

TYPE: INTERPRETATION-NHTSA

DATE: OCTOBER 12, 1989

FROM: DAVID SCHMELTZER -- ASSOCIATE EXECUTIVE DIRECTOR FOR COMPLIANCE AND ADMINISTRATIVE LITIGATION, U.S. CONSUMER PRODUCT SAFETY COMMISSION TO: STEPHEN WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 5-25-90 TO SUSAN BIRENBAUM FROM STEPHEN P. WOOD (A35; VSA 102(4)); ALSO ATTACHED TO LETTER DATED 2-1-90 TO STEPHEN WOOD FROM SUSAN BIRENBAUM AND LETTER DATED 6-29-89 TO STEPHEN WOOD FROM SUSAN BIRENBAUM. TEXT:

By letter dated June 29, 1989, this office inquired if a product which is intended for inflating and temporarily repairing flat tires is an item of "motor vehicle equipment" as that term is defined by the National Traffic and Motor Vehicle Act at 15 U.S. C. S1391(4). A copy of that letter is enclosed.

The Commission has received reports of six serious injuries associated with the ignition of the propellant gas from this product in tires which were being repaired. These injuries have included brain damage, loss of vision, loss of hearing, and broken b ones.

As you know, the Commission does not have authority to regulate products which are items of "motor vehicle equipment" under provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. S2051 et seq.). Because of the serious nature of some of the inju ries associated with this product, this office would appreciate y our guidance as soon as possible on the question of whether this product is an item of "motor vehicle equipment." If the product is not motor vehicle equipment, the Commission would have a uthority under the CPSA to issue a consumer product safety standard or a banning rule to eliminate or reduce any unreasonable risk of injury which may be associated with the product. Additionally, the CPSA authorizes the Commission to order the manufact urer of any product con- taining a defect which presents a "substantial product hazard" to give public notice of that defect and to elect to repair, replace, or repurchase the product.

If you have any questions or comments, you may contact Bill Moore in our office of Administrative Litigation. His telephone number is 492-6626.

ID: nht89-3.16

TYPE: INTERPRETATION-NHTSA

DATE: OCTOBER 13, 1989

FROM: BILL WALTZ -- WAGNER DIVISION, COOPER INDUSTRIES, INC.

TO: STEPHEN WOOD -- ACTING CHIEF COUNCIL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED APRIL 8, 1990 TO BILL WALTZ FROM STEPHEN P. WOOD; (A35; STD. 108)

TEXT:

Lectric Limited has asked Wagner to assemble some round glass headlights for them, designed to appear as closely as possible to those produced by Guide Lamp in the 1950's.

All markings and configurations on the original lamps are being reproduced and this creates a problem in complying with "108". The lamps they are interested in are 6012 (7"), 4001 (5 3/4" #1) and 4002 (5 3/4" #2). In accordance with the original marking they will have a "1" or "2" at the top of the lens, not the "2D1", "1C1" and "2C1" now required by NHTSA.

Secondly, the inscription DOT, indicating compliance with existing regulations, will be omitted, since this was obviously riot on the original lamps.

We are asking your permission for those deviations since the lamps will be made to today's photometric standards and will be distributed on a limited basis through antique part dealers. The lamps will be subjected to all the tests currently required of the round headlights.

If there is any problem with this production, please let me know, so that we can try to worK out a solution satisfactory to all parties involved.

ID: nht89-3.17

TYPE: INTERPRETATION-NHTSA

DATE: 10/16/89

FROM: DONALD S. CLARK -- SECRETARY FEDERAL TRADE COMMISSION

TO: BUD SHUSTER -- U.S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/20/89 FROM STEPHEN P. WOOD -- NHTSA TO CONGRESSMAN BUD SHUSTER; REDBOOK A34; STANDARDS 109, 117, AND 119; LETTER DATED 8/8/89 FROM CONGRESSMAN BUD SHUSTER TO THE DIRECTOR OF CONGRESSIONAL RELATIONS -- DEPARTMENT OF C OMMERCE

TEXT: Dear Mr. Shuster:

The Department of Commerce has forwarded your letter on behalf of Mr. Lester Hoover to the Federal Trade Commission. Mr. Hoover contacted your office for assistance in obtaining a copy of any regulations pertaining to presale disclosure of grading in formation on automobile tires.

I have enclosed a copy of the Commission's 1967 Tire Advertising and Labeling Guides, 16 C.F.R. Part 228, which, inter alia, call for certain disclosures in the sale of blemished, imperfect, or defective tires (Section 228.11) and in the sale of retre ads and used tires (Section 228.9). These are the only regulations promulgated by the Federal Trade Commission that focus specifically on tires, although other regulations and statutes of general application (such as Section 5 of the FTC Act, which the Commission enforces) cover tires along with other products.

It may interest Mr. Hoover to know that failure to comply with the Guides is not a per se law violation. Rather, as Section 228.0-1 states, the Guides set forth general principles that the Commission applies in determining whether given representatio ns or other practices concerning tires constitute violations of Section 5 of the Federal Trade Commission Act. The remedy for a violation of Section 5 is generally an administrative cease and desist order, rather than the monetary civil penalties which may be obtained in cases involving violation of a Commission order or Trade Regulation Rule.

There may be other tire regulations that would be of interest to Mr. Hoover. I have therefore taken the liberty of forwarding a copy of your inquiry to the Department of Transportation for further review and response.

Please let me know whenever I can be of service.

Sincerely,

Enclosure

ID: nht89-3.18

TYPE: INTERPRETATION-NHTSA

DATE: 10/17/89

FROM: NANCY L. BRUCE -- DIRECTOR OFFICE OF CONGRESSIONAL AFFAIRS DOT

TO: THE HONORABLE GEORGE MILLER -- MEMBER, U.S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/1/89 FROM STEPHEN P. WOOD -- NHTSA TO U.S. CONGRESSMAN GEORGE MILLER; REDBOOK A34; STANDARD 125; LETTER DATED 10/12/89 FROM GEORGE MILLER, U.S. CONGRESSMAN TO NANCY BRUCE -- D.O.T. OFFICE OF CONGRESSIONAL AFFAIRS; LE TTER DATED 10/4/89 FROM DELL RANDLE TO CONGRESSMAN GEORGE MILLER; LETTER DATED 9/8/89 FROM ELIZABETH M. LUCAS -- NATIONAL SAFETY COUNCIL, PRODUCT DEVELOPMENT TO DELL RANDLE OF SHIKARI CONSULTANT FIRM LTD.

TEXT: Dear Mr. Miller:

Thank you for your letter forwarding correspondence from your constituent, Mr. Dell Randle.

I have transmitted your inquiry to the appropriate Departmental officials who are familiar with this matter and they will respond to you directly.

I appreciate your contacting me and hope you will not hesitate to call if I can be of any further assistance.

Sincerely,

ID: nht89-3.19

TYPE: INTERPRETATION-NHTSA

DATE: 10/17/89

FROM: DOUGLAS MAYES -- CREATIVE PRODUCTS

TO: NHTSA

TITLE: BRAKING DISTANCE TEST & LABORATORIES USED BY D.O.T.

ATTACHMT: ATTACHED TO LETTER DATED 06/18/90 FROM PAUL JACKSON RICE -- NHTSA TO DOUGLAS MAYES -- CREATIVE PRODUCTS; A35; STANDARD 105

TEXT: We have been in contact with Dr. Carl Clark, Inventor Contact Code NRD-12 and George Parker, Compliance Testing, regarding our product i.e. Gyroscopic Wheel Cover and in doing so, Dr. Carl Clark suggested we request a letter from your department specific ally outlining the requirements of the braking test used and a list of the various testing facilities used by the D.O.T., when testing a product for this purpose.

In lieu of the D.O.T. actually testing our product, we are requesting a letter from your office stating the FMVSS (571.105) Stopping Distance Test guidelines and a list of laboratories acceptable by the D.O.T., that could be used to test our product.

Is this a Proper Example? - SAE J299 Stopping Distance Test

Our intention is to use these testing standards and one of the acceptable laboratories so as to properly document our product's tests results in compliance with the D.O.T. testing standards.

Please return a copy of the specific guidelines used for this kind of test and a list of the acceptable laboratories as soon as possible.

Thank you so much for your assistance.

Sincerely,

Douglas Mayes, President CREATIVE PRODUCTS, INC.

Encl: Brochure, introduction, VHS

CREATIVE PRODUCTS, INC.

"THE GYROSCOPIC WHEEL COVERS"

Introduction

This unique product was invented by Mr. Kim Rush, of Anaheim, California. An extensive amount of research has been completed with various governmental and independent testing laboratories in order to substantiate several claims as to the positive effect s this product has on several performances of a vehicle. There are locking devices attached to keep the product from coming off or being stolen off the vehicle. There are several different designs or looks that can be manufactured into the facial appear ances of the wheel cover.

There has been extensive market studies completed on the number of new automobiles being manufactured, estimates on the number of vehicles already in service and operating in the U.S. and foreign countries, as well as some future market projections. Thi s number includes vehicles in fleet service, municipalities, cab companies, etc. In addition, a study or overview of competitive products marketed as a "gas saving device", and "devices that improve automobile highway safety", has been made.

Market Viability

It is important to note that any sales figures would just educated projections only and the potential results of any extensive marketing program is dependent upon a variety of external factors, such as:

* Consumer perceptions of the product

* Retail price

* The distribution structure

* Advertising strategies

* Competition

* Ability of the product to perform as promised

This kind of quality product by providing the safety features and handling enhancements that it does, should be important to everyone, including the government. As an added bonus, this product gives the consumer an actual investment payback on his or he r purchase within a very reasonable period of time in gas savings, extended tire wear, longer shocks and brake life and most importantly the safety benefits to family members and passengers when this unique product is installed on the family and/or busin ess car.

There are huge economic benefits to large fleet owners as well. When this product is used by a whole population of people, this product could have a substantial effect on helping us get through a gasoline shortage.

Product Description & Function

The Gyroscopic Wheel Cover model #1 is very similar in appearance to the conventional fancy spoke wheel covers currently being offered on a variety of expensive new domestic and imported automobiles in the after market. There are 13", 14" and 15" config urations and this unique product is designed to fit almost 95% of all wheels manufactured today. The steel spokes model is made from heavy 12 gauge metal and the spokes are cushion mounted at a 6 degree pitch. As the wheel rotates to a speed of 10-15 m iles per hour, the centrifugal force causes the spokes to flex in and expand, forming a disc.

The magnitude of the rotational force creates a gyroscopic effect which increases wheel stability, creates some 80 foot pounds of inertia or downward pressure at the kiss point of each tire, maximizing road contact, giving better transaction in rain and snow and greater road stability at all times.

The wheel cover can be manufactured in a variety of various type configurations and levels of ornamentation. A specific public demand for design and style can easily be met.

Situational Analysis

The U.S. consumer is at present time able to purchase gasoline at a reasonable price, but will this condition stay that way. Not according to some reports. The public is looking for more ways to save money and conserve energy. Starting in 1980, as you know, the U.S. Department of Transportation issued standards for Corporate Average Fuel Economy (CAFE) for U.S. automobile manufacturers, setting a minimum average fuel economy requirement based upon the manufacturer's total vehicle production. The aver age standard for 1990 is 26 mpg for car manufacturers. The net result forces the auto makers into building smaller cars, smaller engines in the efforts to develop fuel saving methods and whether we like it or not, exposing the buying public to some new dangers, by having less automobile or metal between you and all the other driving public. The next change is plastic engines.

European markets

The foreign car market is an exciting opportunity, especially when gasoline is priced around $ 2.30 per gallon in Europe, and when these users can add 16-20% annually to their fuel economy, that can amount to a lot of dollar savings, as well as energy sa vings. This product could be our part of the overall effort to conserve their energy resources.

Added Safety when using Product.

This product can improve your chances against having an accident in your car while these wheel covers are on your automobile. These wheel covers provide for quicker stops, better handling, less swaying in turns, better stability, lessens greatly the cha nce of hydroplaning in water and snow. We are presently in the process of contacting the insurance industry to try and obtain a auto insurance premium reduction when these wheel covers have been installed. Creative Products expects additional tests wil l have to be performed by the Insurance Institute for Highway Safety to substantiate our claims and be able to offer a possible discount. Braking tests prove that this product reduces the stopping distance for automobiles by as much as 10% or more at 55 mph. A set of wheel covers in providing better traction, better stopping and handling capabilities will give the consumer more control, thus less wrecks in all kinds of weather.

Market Opportunities

There are almost two hundred million automobiles in the U.S., or over 40% of the world's totals. Owners with new and used automobiles that need this product and would desire a set of these wheel covers for their car. The U.S. market alone for this prod uct today may exceed $ 10,000,000,000.00, the European market may be just as good with a higher percentage of users. Fleet owners, new car manufacturers would be very interested in this product for their cars, vans and trucks.

Product Costs and Savings At todays' prices, a set of nice wheel covers may cost $ 350.00 or more and they obviously do nothing more for your car than looks. Certainly nothing for saving gas, tire wear or safety. This product will be offered for sale to distributors around the world and the retail price will probably be in the range of $ 350-$ 400 for a set of four. Sizes come in 13", 14", or 15", this price range would not be out of line with the standard priced wheel covers for the more expensive automobiles.

The actual money saved by a consumer when using this product for instances could be if presently they are using; (1) 110 U.S. gallons/mo., (2) getting 18 mpg of gas on the average, (3) the price of gas is at $ 1.20 cost per gallon, (4) when driving 24,00 0 miles of annually, using this product will provide the owner with an annual savings of $ 200.00 or 16% of his total gas bill. Saving this amount of money annually is very attractive to the average consumer and when taking into the consideration the ad ditional benefit of an extended tire life, the consumer gets all of his or her money back in the first year.

CONCLUSION

Creative Products believes this wheel cover will provide several new safety advantages to anyone buying this product. You have to drive your car with a set of these wheel covers on to believe the difference it makes. With this product installed on any car, you will experience a whole new dimension of safety driving in all kinds of adverse weather.

gyroscopic wheel covers[trademark]

energy efficient . . . money saver . . . greater road safety

increase mileage

increase tire life

increase brake life

increase traction in snow

filmed tests indicate vehicle braking reduced by fifteen feet at 55 m.p.h

ID: nht89-3.2

TYPE: INTERPRETATION-NHTSA

DATE: 09/22/89

FROM: JOHN D. DINGELL -- CHAIRMAN COMMITTEE ON ENERGY AND COMMERCE

TO: JEFFREY R. MILLER -- ACTING ADMINISTRATOR NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/29/89 ESTIMATED, FROM JEFFREY R. MILLER -- NHTSA TO JOHN D. DINGELL -- HOUSE; REDBOOK A34; STANDARD 205; LETTER DATED 08/25/89 FROM CONSTANCE A. MORELLA -- HOUSE TO NORMAN Y. MINETA -- HOUSE; LETTER DATED 07/31/89 FR OM W. MARSHALL RICKERT -- MVA TO CONSTANCE A. MORELLA; LETTER DATED 07/08/88 FROM ERIKA Z. JONES -- NHTSA TO NORMAN D. SHUNWAY -- CONGRESS; STANDARD 205; LETTER DATED 11/01/88 FROM ERIKA Z. JONES -- NHTSA TO BEVERLY B. BYRON -- HOUSE; STANDARD 205

TEXT: Dear Mr. Miller:

Enclosed is a letter from Congresswoman Morella inquiring about the requirements of Federal law and regulations regarding the tinting of windows for valid medical reasons. I request your comments, including whether regulatory relief is possible and w ise. Please provide a copy of your reply to the Congresswoman.

With best wishes.

Sincerely,

ENCLOSURE

ID: nht89-3.20

TYPE: INTERPRETATION-NHTSA

DATE: OCTOBER 18, 1989

FROM: M. IWASE -- GENERAL MANAGER, TECHNICAL ADMINISTRATION DEPT., KOITO MFG. CO., LTD. TO: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TITLE: VEHICLE HEADLAMP AIMING DEVICE (DOCKET NO. 85-15; NOTICE 8)

ATTACHMT: ATTACHED TO LETTER DATED APRIL 9, 1990 TO M. IWASE FROM STEPHEN P. WOOD; (A35; STD. 108). ALSO ATTACHED TO LETTER DATED SEPTEMBER 12, 1988 TO M. IWASE FROM ERIKA Z. JONES AND LETTER DATED APRIL 8, 1988 TO ERIKA Z. JONES FROM M. IWASE. TEXT:

We would like to again ask your interpretation of FMVSS 108 concerning Vehicle Headlamp Aiming Device (VHAD).

In responding to our question dated April 8, 1988, you kindly gave us the interpretation dated September 12, 1988, for which thank you very much.

At that stage the provision of VHAD were just a proposal (Notice 5). On May 9, 1989, a final rule (Notice 8) of the VHAD has been issued.

Therefore, at this stage when the final rule has been issued, we would again ask and confirm your interpretation, as shown in the attached sheets.

Upon your kind review to the above matters, your prompt reply would be greatly appreciated.

Encl. Our previous letter of inquiry dated April 8, 1988 Your responding letter dated September 12, 1988.

ATTACHMENTS

BACKGROUND

In a letter dated April 8, 1988, we asked about a detachable spirit level which is installed in the socket by removing a bulb. In responding to our inquiry the agency stated in a letter dated September 12, 1988, as follows;

"----- Although the proposal does not specifically prohibit this feature, the test procedures do not anticipate a VHAD design where the light source would be removed and replaced with the VHAD."

On account of your advice we recently made some design modification on our detachable spirit level, as shown below: Detachable Spirit Level (Koito's New Design) [GRAPHICS OMITTED] 1) Detachable spirit level is mounted onto a headlamp housing. (Headlamp shall be aimed with bulb remaining in the socket.)

2) Once the headlamp is aimed, the spirit level would be remove to another (the other side) headlamp for aiming it. We are able to provide a single spirit level with each vehicle, which results in a significant cost saving.

QUESTION:

Could the above detachable spirit level be accepted to the requirements of S7.7.5.2 "On-vehicle aiming" in FMVSS No. 108 ?

KOITO'S VIEW:

We have carefully reviewed the wording of S7.7 "Aimability Performance", and found that the following provision is specified in S7.7.5.2(c)(1) - "Testing the VHAD";

"The headlamp assembly (the headlamp(s) and the integral or separate VHAD mechanism) shall be mounted on a level goniometer,

The above provision in the final rule (Notice 8) allows a detachable spirit level, we think.

Structure-2: Detachable Spirit Level [GRAPHICS OMITTED]

1) Spirit level is not permanently fixed onto headlamps.

2) Spirit level is built into bulb gauge.

3) When aiming adjusted, bulb is moved out and Bulb gauge is mounted into reflector socket.

4) Bulb gauge is provided for each vehicle as a standard part.