ID: 2652o

Ms. Joanne Salvio
Fire Research Corporation
26 Southern Blvd.
Nesconset, NY 11767

Dear Ms. Salvio:

This responds to your November 10, 1987, letter asking whether the "Guardian Gate" your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions.

The advertising material you enclosed states that the Guardian Gate "is designed to help firefighters while they are riding to fires in the jump seat of apparatus [sic]." The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked "on both its sides to the vehicle; the cab side, as well as the pump panel side." The advertisement said this "dual locking" feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of "hazardous conditions" (an explanation of which the advertisement did not include).

Paragraph S4 of Standard No. 206 states: "Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. ..." (S4 exempts certain types of doors from Standard No. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.)

From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because "seating accommodations" referred to in S4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206. Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefighters riding in the "jump seat area" of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect relating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:206 d:2/11/88

ID: 2702y

Mr. William D. Rogers
President
SportsCar America, Inc.
400 South Elliott Road
Chapel Hill, N.C. 27514

Dear Mr. Rogers:

We have received the (unsigned) petition of SportsCar America, Inc., for a temporary exemption from Motor Vehicle Safety Standard No. 208, on grounds of substantial economic hardship, and are returning all copies to you for the reasons stated below.

SportsCar America wishes to undertake the importation and sale of passenger cars produced in Brazil. Pursuant to an "Exclusive Distribution Agreement" ("the Agreement") with Alfa Metais Veiculos Ltda. of Brazil, which you enclosed, it has imported a prototype vehicle for study, with reference to its status of conformance with the U.S. vehicle safety and emission standards.

The proper petitioner for this exemption is Alfa Metais Veiculos Ltda., identified in the Agreement that you attached as the "Manufacturer." Under Section l of the Agreement, SportsCar America is to return the prototype to the Manufacturer with "those modifications necessary in order to meet the emission and safety standards necessary for the importation" of the cars, and the Manufacturer will then use it as a model for the production of vehicles for sale in the United States. Under 49 CFR Part 567, the Manufacturer must also attach its certification of compliance to the completed vehicle before its shipment to the United States. Part 555 restricts petitions for temporary exemptions to Manufacturers of motor vehicles.

Although you identify SportsCar America as the "distribution agent", we have no record that the Manufacturer has filed the designation of agent pursuant to 49 CFR 551.45 that is required of Manufacturers offering their products for importation and sale in the United States. Presumably Alfa Metais would wish to appoint SportsCar America as its agent. Once it has done so, SportsCar America may submit the petition on behalf of the Manufacturer. The production and financial data (in dollars, please) must be those of the Manufacturer. However, we regard as relevant to conformance arguments the efforts that SportsCar America intends to make during the time a possible exemption is in effect, as outlined in your petition.

Noting your requests for confidential treatment of information, we are returning all copies of your petition, with our comments. Generally, the agency does not like to accord confidential treatment to all financial data submitted. At a minimum, it would like to include in its notice asking comments from the public a dollar amount of the cumulative net profit or loss experienced by the Manufacturer in the three years preceding the filing of the petition. Similarly, it would like to publish a dollar figure in discussing the effects of a denial of the petition on the petitioner. The purpose of this is our policy that if the public is to make an informed comment on the issue of whether compliance would cause a Manufacturer substantial economic hardship, the public should have access to much the same data as is available to the agency in its determination.

If you would like clarification of any of these matters, Taylor Vinson of this Office (202-366-5263) will be happy to provide them.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures ref:555 d:l0/9/90

ID: 2708y

Mr. William D. Rogers
President
SportsCar America, Inc.
400 South Elliott Road
Chapel Hill, N.C. 27514

Dear Mr. Rogers:

We have received the (unsigned) petition of SportsCar America, Inc., for a temporary exemption from Motor Vehicle Safety Standard No. 208, on grounds of substantial economic hardship, and are returning all copies to you for the reasons stated below.

SportsCar America wishes to undertake the importation and sale of passenger cars produced in Brazil. Pursuant to an "Exclusive Distribution Agreement" ("the Agreement") with Alfa Metais Veiculos Ltda. of Brazil, which you enclosed, it has imported a prototype vehicle for study, with reference to its status of conformance with the U.S. vehicle safety and emission standards.

The proper petitioner for this exemption is Alfa Metais Veiculos Ltda., identified in the Agreement that you attached as the "Manufacturer." Under Section l of the Agreement, SportsCar America is to return the prototype to the Manufacturer with "those modifications necessary in order to meet the emission and safety standards necessary for the importation" of the cars, and the Manufacturer will then use it as a model for the production of vehicles for sale in the United States. Under 49 CFR Part 567, the Manufacturer must also attach its certification of compliance to the completed vehicle before its shipment to the United States. Part 555 restricts petitions for temporary exemptions to Manufacturers of motor vehicles.

Although you identify SportsCar America as the "distribution agent", we have no record that the Manufacturer has filed the designation of agent pursuant to 49 CFR 551.45 that is required of Manufacturers offering their products for importation and sale in the United States. Presumably Alfa Metais would wish to appoint SportsCar America as its agent. Once it has done so, SportsCar America may submit the petition on behalf of the Manufacturer. The production and financial data (in dollars, please) must be those of the Manufacturer. However, we regard as relevant to conformance arguments the efforts that SportsCar America intends to make during the time a possible exemption is in effect, as outlined in your petition.

Noting your requests for confidential treatment of information, we are returning all copies of your petition, with our comments. Generally, the agency does not like to accord confidential treatment to all financial data submitted. At a minimum, it would like to include in its notice asking comments from the public a dollar amount of the cumulative net profit or loss experienced by the Manufacturer in the three years preceding the filing of the petition. Similarly, it would like to publish a dollar figure in discussing the effects of a denial of the petition on the petitioner. The purpose of this is our policy that if the public is to make an informed comment on the issue of whether compliance would cause a Manufacturer substantial economic hardship, the public should have access to much the same data as is available to the agency in its determination.

If you would like clarification of any of these matters, Taylor Vinson of this Office (202-366-5263) will be happy to provide them.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures ref:555 d:l0/9/90

ID: GF001071

Mr. David Regan
Trecan Combustion Limited
4049 St Margarets Bay Road
Hubley, Nova Scotia B3Z1C2
Canada

Dear Mr. Regan:

This responds to your February 10, 2004, letter and phone conversation with George Feygin of my staff. You ask whether snow melting machines manufactured by your company would be classified as "motor vehicles." You manufacture three different machines with the primary function of melting large quantities of snow. In order to move from location to location, these machines are equipped with wheels and function much like a trailer. As explained below, based on the information you provided us, we would not consider these machines to be motor vehicles for the purposes of our regulations.

Title 49 U.S.C Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) defines "motor vehicle" as:

"[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line."

NHTSA has issued several interpretations of this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles.

In the present case, your letter states that your snow melting machines are designed primarily for use by airports and other large facilities, such as parking garages. While these machines are capable of highways travel, you state that in all likelihood such travel will be limited to reaching permanent or semi-permanent job sites (i.e specific locations where large snow piles are continuously accumulated). Based on this information, it appears that these machines are akin to airport runway vehicles or items of mobile construction equipment that do not travel on highways on a recurring basis. Accordingly, we find that the snow melting machines described in your letter are not "motor vehicles." Because these machines are not motor vehicles, they are not subject to our regulations and requirements, including the requirement to meet all applicable FMVSSs.

We note that our finding is limited specifically to the equipment described in your letter, and is largely based on your representation of its intended use. In your correspondence, you state that some snow melting machines may be sold to large cities, but you do not elaborate further. We presume that snow melting machines purchased by large cities would also remain mostly at some single location designated for snow melting activities. However, we wish to caution that our finding does not apply to snow melting equipment that is intended to be used extensively on public roads on a recurring basis.

I hope you find this information helpful. If you have any other questions please contact Mr. George Feygin at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:571
d.3/12/04

ID: GF006103

Larry C. Dickinson, Ph.D.
Manager, Engineering & Technology
Martin Marietta Composites
PO Box 30013
Raleigh, NC 27622

Dear Mr. Dickinson:

This responds to your phone conversation with George Feygin of my staff and subsequent e-mail asking whether Federal Motor Vehicle Safety Standard No. 223, Rear impact guards (FMVSS No. 223), S5.2.2 allows for "elastic deformation" as opposed to plastic deformation. Specifically, you ask whether the requirement that the energy absorption be accomplished by plastic deformation would preclude a material that returns to its original shape (i.e., elastic material).

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements. The issues raised by your letter are addressed below.

FMVSS No. 223 requires that underride guards fitted to new trailers and semitrailers provide a certain amount of energy absorption to lessen the crash forces on a passenger vehicle colliding from the rear. In creating FMVSS No. 223, the agency sought to balance concerns associated with rear impact guards being overly rigid and non-yielding in rear impact crashes against those associated with the guards being insufficiently rigid to prevent intrusion of a trailer into a vehicle occupant compartment. Accordingly, the standard requires that a certain minimum amount of force be absorbed through "permanent yielding" or plastic deformation of the guard. [1] S5.2.2 of the standard states:

" [a] guard  . . .shall absorb by plastic deformation within the first 125 mm of deflection at least 5,650 J of energy at each test location P3."
(emphasis added).

The standards energy absorption requirement cannot be met by elastic deformation for two reasons. First, the language of the standard calls for plastic deformation. Second, the prescribed method of measuring the required energy absorption greatly restricts any elastic qualities of the rear impact guard. Specifically, any energy that the guard returns to the force application device when the load is removed (i.e., the elastic component of the deformation) is subtracted from the total energy absorption for purposes of meeting the requirement.

The requirement that guards absorb energy by plastic deformation was to ensure that the guard did not subsequently return the absorbed energy to the colliding vehicle, because that energy return could increase the chance of death or injury to the occupants. Any immediate rebound occurring after the crash event could pose a threat to passenger vehicle occupants.

In an August 4, 1998, letter to Mr. Toms of Power Brace (copy enclosed), NHTSA stated that the plastic deformation requirement of S5.2.2 does not preclude use of certain elastic materials that return to their original shape very slowly (approximately 24 hours). Based on your conversation with Mr. Feygin, it is our understanding that your question concerned materials that returned to their original shape immediately after impact.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:223
d.10/21/03





---

[1] See Preamble to the Final Rule, January 24, 1996 (61 FR 2004 at 2011).

ID: GF006498

Mr. Jack W. DeYoung
Tumbleweed Trucks, Inc.
318 Kwanzan Drive
Lynden, WA 98264

Dear Mr. DeYoung:

This responds to your facsimile dated August 29, 2003, seeking further clarification of our interpretation letter sent to you on August 7, 2003. In response to our August 7^th letter, you have reprogrammed the flash rate in your hazard warning signal flasher. You now ask whether the newly reprogrammed flash rate complies with the requirements of Federal Motor Vehicle Safety Standard No. 108 (Standard No. 108).

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

As previously discussed, SAE Recommended Practice J945, "Vehicular Hazard Warning Signal Flasher," February 1966 (SAE 945), is incorporated by reference in Standard No. 108, as the Federal Requirement for Flashers. Paragraph 3 of J945 and its accompanying Figure 1 specify requirements for "Flash Rate and Percent Current On Time." The flash rate must be 60 to 120 flashes per minute for "normally open" (i.e., variable load) flashers, and 90 to 120 flashes per minute for "normally closed" (i.e., fixed load) flashers. This paragraph also specifies that:

"flashing rate . . . shall be measured after the flashers have been operating for a minimum of five consecutive cycles and shall be an average of at least three consecutive cycles." (emphasis added)

Your newly reprogrammed flash pattern operates as follows (in milliseconds):

ON	OFF	ON	OFF	ON	OFF
200	250	200	250	200	850

Our calculations indicate that the above flash pattern, taking into account the averaging procedure set forth in J945, is within the specified flash rate.

In considering this issue further, however, we believe this type of flash pattern is very different from what NHTSA contemplated in incorporating J945 by reference in Standard No. 108. As you know, existing flashers operate at an essentially constant rate. Moreover, while Figure 1 of J945 permits considerable flexibility in flash rate, our calculations indicate that the flash rate and percent current on time for each and every cycle of your flash pattern fall outside the figure.

As we have stated before, we believe that motor vehicle safety is best promoted by standardization of lighting signals. The information currently provided by signal lamps, such as flashers, is well understood by the driving public, instantly recognized, and unambiguously informative. We are concerned that very different flash patterns have the potential to cause confusion. Therefore, we plan in the near future to modify Standard No. 108 in a way that would preclude your design.

If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.4/2/04

ID: nht87-1.12

TYPE: INTERPRETATION-NHTSA

DATE: 01/12/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: T. Chikada

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. T. Chikada Manager, Automotive Lighting Engineering Control Dept. Stanley Electric Co., Ltd. 2-9-13, Nakameguro, Meguro-ku Tokyo 153, Japan

Dear Mr. Chikada:

This is in reply to your letter of November 21, 1986, with reference to the distance between a front turn signal lamp and a lower beam headlamp.

In brief, SAE Standard J588e, incorporated by reference in Standard No. 108 requires a minimum separation distance of 4 inches between the optical axis (filament center) of the front turn signal lamp to the inside diameter of the retaining ring of the lo wer bean headlamp. You have pointed out that a replaceable bulb headlamp does not have a retaining ring, and you have presented two possible substitutes as a measuring point. The first (your Item A) is the outer edge of the headlamp, and the second (your Item B) is the end of the effective area of the reflector. You believe that Item B is the more appropriate.

We concur with your interpretation. Of the two options, the distance to the edge of the effective area of the reflector is the one most similar to the inside diameter of the retaining ring of the lower beam headlamp. The basis for this interpretation is the assumption that the headlamp lens between the outer edge of the headlamp and the edge of the effective area of the reflector is not used for production of the lamp's bean, has mo significant luminance, and therefore will not mask the turn signal.

Sincerely,

Erika Z. Jones Chief Counsel

November 21, 1986

Erika Z. Jones Chief Counsel Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 U.S.A.

Dear Ms. Jones,

Re : Distance between a front turn signal lamp and a low beam headlamp)

In Motor Vehicle Safety Standard N0.108, Paragraph 4.3.1.7, the following is prescribed:

S4.3.1.7 The requirement that there be not less than 4 inches between a front turn signal lamp and a low beam headlamp, specified in SAE Standard J588e, "Turn Signal Lamps," September 1970, shall not apply if the sum of the candlepower values of the turn signal lamps Measured at the test point within each group listed in Figure 1c is not less than two and one-half times the sum specified for each group for yellow turn signal lamps.

According to the SAE Standard J588e, the distance is defined as from the optical axis (filament center) of the front turn signal lamp to the inside diameter of the retaining ring of the headlamp unit providing the lower beam. This definition applies only to a standardized headlamp. What definition is appropriate for a replaceable bulb headlamp, in other words, an unstandardized headlamp? We think B in the following definition is appropriate.

A : From the filament center of the front turn signal lamp to the outer edge of a low beam headlamp

B : From the filament center of the front turn signal lamp to the end of the effective area of the reflector of a low beam headlamp

SEE HARD COPY FOR GRAPHIC ILLUSTRATION

ID: nht74-3.10

DATE: 01/08/74

FROM: RICHARD B. DYSON -- NHTSA ASSISTANT CHIEF COUNSEL

TO: DARROLL P. YOUNG -- PRESIDENT YOUNG'S MACHINE CO. MONTICELLO, UTAH 84535

TITLE: N40-30 (TWH)

ATTACHMT: LETTER DATED 12/26/73 FROM DARRELL P. YOUNG -- PRESIDENT YOUNG'S MACHINE COMPANY TO THE OFFICE OF CHIEF COUNSEL NHTSA U.S. DEPARTMENT OF TRANSPORTATION

TEXT: Dear Mr. Young:

In place of the two standards which you requested in your letter of December 26, 1973, I am providing the following discussion of what vehicles qualify as "motor vehicles" subject to our regulations. If your vehicles are not "motor vehicles" under this definition, they are not required to conform to Standards 105a and 121. 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 public highways as part of its intended function.

Tracked and other vehicles incapable of highway travel are not motor vehicles. Agricultural equipment is another non-motor vehicle category, because Congress clearly did not intend to include them in its coverage. In addition, vehicles intended and sold solely for off-road use (e.g. aircraft runway vehicles and underground mining vehicles) are not considered vehicles even if operationally capable of highway travel. They would, however, be considered motor vehicles if the manufacturer knew that a substantial proportion of his customers actually would use them on the highway.

Just as clearly, vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. The primary function of some vehicles is of a mobile, work-performing nature and as such their manufacturer contemplates a primary use of the highway. Mobile cranes, mobile drill rigs, and towed equipment such as brush chippers and pull-type street sweepers are examples in this area. Even if the equipment uses highways infrequently, it is considered a motor vehicle on the same basis as is a "mobile structure trailer" which is often towed only once from the factory to the home site. All these motor vehicles qualify as trucks or trailers. As such they are subject to several of the motor vehicle safety standards, and their manufacturer must comply with other regulations in Chapter V of Title 49, Code of Federal Regulations.

There are some vehicles which are excepted from the motor vehicle classification despite their use of the highway. Highway maintenance and construction equipment such as lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicles.

From these guidelines you should be able to determine whether your equipment qualifies as a motor vehicle, and if so, as a truck or a trailer. Please write again if you are unable to make this determination. I have enclosed an information sheet that advises you how to obtain an up-to-date copy of the regulations which apply to motor vehicles and their manufacturers.

ENCLOSURE

Yours truly,

ID: nht81-1.40

DATE: 03/16/81

FROM: AUTHOR UNAVAILABLE; J. Zemaitis; NHTSA

TO: Poly Dyne Engineering

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation National Highway Traffic Safety Administration

Date: March 16 1981 NO9-00

Subject: Poly Dyne Engineering P.O. Box 3517 Scottsdale, Arizona 85257

From: Motor Vehicle Program Director, Region IX

To: Office of Chief Counsel NOA-30

Enclosed is a letter dated March 6, 1981, and an attached brochure illustrating a reflective device.

We would appreciate your response to the subject.

Joseph Zemaitis

Enclosure

Poly Dyne Engineering Box 3517 Scottsdale, Arizona 85257

March 6, 1981

Joseph F. Zemaitis National Highway Traffic Safety Administration 2 Embarcadero Center, Suite 610 San Francisco, CA 94111 Dear Mr. Zemaitis:

Recently, we have requested copies of regulations pertaining to standards and usage of triangle type flares of warning signals as related to overland trucks. Your office has been helpful in supplying us with copies of current DOT regulations along with procedures to follow for possible amendments.

The purpose of this letter and prior inquiries was to initiate some action that would allow the use of our new patented triangle signal either in addition to or in place of the type that now is carried by truckers to be set on the ground in proper orientation to disabled or parked trucks.

Our product, photos and literature enclosed, has been designed for either rear or side mount on trucks, RVs or any other vehicle and is automatically deployed into its triangular configuration upon withdrawal from the case. Not only is the signal weather tight, but it is permanently mounted on a vehicle and can be rapidly deployed in a matter of seconds or re-encased in the same amount of time. Naturally, the product has been designed to meet DOT specifications for size, reflective surface area, reflectivity and environmental requirements. We have found that a signal of this type mounted a minimum of 3 to 5 feet above the road surface becomes highly visible to approaching traffic from far greater distances than those sitting on the ground. Additionally, they are not subject to the effects of high winds, theft, or the all too common breakage from passing traffic and, by the ease with which they can be deployed, would encourage their use by truckers as well as by RV owners, truck and trailer rental companies, delivery services, etc...We believe that more extensive use of this type of warning device would add significantly to traffic safety.

Needless to say, we are enthused about our new warning signal and have received unusually enthusiastic response from truckers and fleet owners who have seen this device and would like to see it used in place of those now required for road surface display.

We would appreciate your review of the enclosed information as well as your opinion of its benefits and your estimate of the amount of time and effort that may be involved in obtaining DOT approval for its use.

O. Vandewege, Pres. PolyDyne Engineering

OVbb

ID: nht80-1.33

DATE: 03/18/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz

COPYEE: JEROME N. SONOSKY

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter forwarded to us by Mr. Jerry Sonosky, requesting an interpretation of the term "overall width" as used in Safety Standard No. 104, Windshield Wiping and Washing Systems. You ask questions: (1) whether overall width means the design width of a vehicle, or whether it means the maximum possible width allowed by design tolerances, and (2) whether overall width includes plastic, splash molding attached to the vehicle body with screws and nuts.

In answer to your first question, overall width means the maximum design width of the vehicle including tolerances.

Safety Standard No. 104 defines "overall width" as the maximum overall body width dimension "W116," as defined in section E, Ground Vehicle Practice, SAE Aero-space-Automotive Drawing Standards, September 1963. The "W116" standard specifies that overall width is measured across the body, excluding hardware and applied moldings, but including fenders when integral with the body. Therefore, the overall width of a vehicle would not include splash molding on the sides of the vehicle.

SINCERELY,

HOGAN & HARTSON

February 14, 1980

Hugh Oates Office of the General Counsel National Highway Traffic Safety Administration

Dear Hugh:

Enclosed is a request for interpretation of Standard 104 which our client, Mercedes-Benz of North America, Inc. asked us to forward directly to you.

Best wishes.

Jerome N. Sonosky

ENC.

CC: PROF. DR. W. REIDELBACH; CRAIG JONES

MERCEDES-BENZ OF NORTH AMERICA, INC.

November 16, 1979

National Highway Traffic Safety Administration

Attn: Office of Chief Counsel

Subject: Motor Vehicle Safety Standard No. 104 - Windshield Wiping and Washing Systems; Request for Interpretation

Dear Madam or Sir:

Your interpretation is requested on the definition "Overall width" as used in Motor Vehicle Safety Standard No. 104 - Windshield Wiping and Washing Systems. Section S 3. of that standard defines "Overall width" as being the maximum overall body width dimension "W116", as defined in section E, Ground Vehicle Practice, SAE Aerospace-Automotive Drawing Standards, September 1963. This second standard contains the statement that "Overall width" is measured across body, excluding hardware and applied moldings, but including fenders when integral with body.

Your interpretation of this definition is requested as follows:

1. Does overall width mean the design width of a vehicle, or does it mean the maximum (or minimum) possible width allowed by design tolerances?

2. Does overall width include plastic, splash molding attached to the vehicle body with screws and nuts. You will note in the attached drawing that this splash trim (cross-hatched) is the widest portion of the vehicle. However it is only an applied molding as shown both in the cross-section view as well as the vehicle photograph.

Should you require additional information on this request do not hesitate to contact Mr. G. M. Hespeler of our Safety Engineering Department - 201-573 2616.

HEINZ W. GERTH

(Graphics omitted)

(Graphics omitted)

(Graphics omitted)