ID: nht92-4.44

DATE: August 7, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Kenneth N. Weinstein

TO: Eugene Welker

TITLE: None

ATTACHMT: Attached to letter dated 6/22/82 (should be 6/22/92) from Eugene J. Welker to Jackson Rice (OCC 7434)

TEXT:

This responds to your letter about a mirror system designed to improve a driver's view of areas behind a motor vehicle. You explained that a 35" vertical post would be bolted near a vehicle's rear bumper. This would result in a mirror being located a few inches above the top rear window stop light and facing forward at a 45 degree angle. You asked whether such a device would be legal. The following discussion and the enclosed information sheet, "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," explain your responsibility under NHTSA's regulation.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not approve, endorse, or certify motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable Federal motor vehicle safety standards. The Safety Act requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance.

NHTSA has exercised its authority to establish performance requirements for new vehicles in Standard No. 111, Rearview Mirrors (49 CFR S571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for rearview mirrors installed in any new vehicle. This means that the vehicle manufacturer must certify that each vehicle it manufactures complies with the specified requirements. Standard No. 111 requires that passenger cars be equipped with an inside rearview mirror and a driver's side outside rearview mirror that provide the field-of-view specified in S5.1.1. A passenger's side outside rearview mirror is required in situations where the inside rearview mirror does not provide the specified field-of-view. Additional requirements for other vehicle types are set forth in S6, S7, and S8.

No provision in the Standard specifies requirements for a mirror that attaches to the vehicle's rear bumper. Accordingly, a mirror like yours would not be prohibited from being installed on any vehicle by the current requirements in Standard No. 111. Accordingly such a mirror would be permitted, but only as a supplement to the required mirrors. In installing the mirror, one must take care to avoid obscuring the vehicle's lighting devices, including the center highmounted stop lamps (CHMSL).

Please be aware that NHTSA does not regulate vehicles while they are in use. The American Association of Motor Vehicle Administrators, 4600 Washington Blvd, Arlington, VA 22203 may be able to advise you about the laws of the individual States related to the use of equipment such as your own.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: nht92-4.47

DATE: August 6, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Mary C. Andrews

TITLE: None

ATTACHMT: Attached to letter dated 6/17/92 from Mary C. Andrews to NHTSA Legal Counsel (OCC 7439)

TEXT:

This responds to your letter asking whether a plastic cone design you are developing would comply with the Department of Transportation's requirements applicable to warning devices. You explained that your device is a 24 inch high inflatable cone with reflector strips on the sides. The cone would be weighted down with sand in an enclosed bottom. Based on the information provided in your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.

Standard No. 125 applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle. See section S3. Your planned product appears to be such a device and would therefore need to comply with all of the requirements of Standard No. 125. As the enclosed copy of the standard indicates, your device would have to comply with specific requirements including those for minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information provided in your letter, it appears that your device would not comply with several of these requirements.

Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition the Act requires manufacturers to remedy their products if they fail

to comply with any applicable safety standards.

I hope this information is helpful. If you have any further questions about NHTSA's safety standard, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Attachments

Copy of standard.

NHTSA information sheet titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.

NHTSA information sheet titled Where to Obtain NHTSA's Safety Standards and Regulations.

(Text of attachments omitted.)

ID: Supreme_intl

Ms. Melissa A. Burt
Foley & Lardner, LLP
3000 K Street, NW, Suite 500
Washington, DC 20007-5143

Dear Ms. Burt:

This responds to your letter on behalf of your client, Supreme International Limited (Supreme). Supreme manufactures a Truck Mount Feed Processor, which is a livestock feed mixer mounted on a truck. You ask if the product is a "motor vehicle" subject to regulation by this agency. As explained below, our answer is yes.

You state that the Truck Mount Feed Processor is sold exclusively through farm equipment dealers and is not advertised for on-road use. You state that most of these vehicles never leave a farm after retail purchase, and that the vehicles travel on public roads on rare occasions for the purpose of transiting between farm locations or to obtain grain from a commodity barn. However, you also state that purchasers of these vehicles can obtain a certificate of title to permit registration and licensing under State motor vehicle laws.

Chapter 301 of Title 49 of the U.S. Code ("the Safety Act") authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Section 30102(a)(6) of that chapter 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.

We have issued a number of letters addressing 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. Also, vehicles are not motor vehicles if they were designed to be used primarily at off-road job sites and, although capable of being operated on public roads from one job site to another, their on-road use is only incidental to the primary purpose for which they were manufactured (e.g. , mobile cranes).

We would consider the feed mixer to be a "motor vehicle" for the purposes of our FMVSSs and regulations. The Truck Mount Feed Processors on-road use would be more than incidental. An incomplete motor vehicle (i.e. , a chassis cab) is used in its manufacture and, as you state, Supreme completes the vehicle in accordance with the incomplete vehicle document supplied by the chassis-cab manufacturer and can certify the vehicle as complying with the FMVSSs. No part of the manufacturing process alters the chassis cab such that its final configuration is limited to off-road use. You state that the vehicles may travel on public roads when traveling between farm locations or to obtain grain from a commodity barn. You also state that purchasers of these vehicles can obtain a certificate of title to permit registration and licensing as motor vehicles under State laws. Given these factors, we conclude that the vehicles are motor vehicles for purposes of the Safety Act.

If you have any additional questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:567
d.1/12/05

ID: Toyota_knee_bolster

Chris Tinto, Director, Technical & Regulatory Affairs
Toyota Motor North America, Inc.
1850 M Street, NW Suite 600
Washington, DC 20036

Dear Mr. Tinto:

This responds to your request for an interpretation regarding the definition of "air bag system" as it pertains to test procedures specified in our occupant crash protection standard. Your letter asked if an inflatable knee bolster would be considered part of the "driver frontal air bag system" under the procedure for low risk deployment (LRD) tests of the driver air bag. As explained below, for purposes of LRD tests, the driver frontal air bag system refers to the steering wheel hub-mounted inflatable restraint and does not include an inflatable knee bolster.

On May 12, 2000, the National Highway Traffic Safety Administration (NHTSA) amended Federal Motor Vehicle Safety Standard (FMVSS) No. 208 to minimize the risk of injury from deploying air bags for small adults and children (65 Federal Register 30680; Advanced air bag rule). The Advanced Air Bag Rule adopted a LRD test to address the risk air bags pose to out-of-position occupants, particularly those of small stature. The test is performed by activating a frontal air bag system with a test dummy in "worst case" positions: placing the dummys chin on the module and for the 5^th percentile adult female test dummy, also placing the dummy's chin on the steering wheel.

In your letter you stated that Toyota has equipped some of its vehicles with a knee air bag (knee bolster), which deploys in a frontal crash along with the driver air bag located in the steering wheel hub. You further stated that Toyota considers a knee bolster part of the frontal air bag system and therefore, it should be deployed during a LRD test. Your letter also noted that both the knee bolster and the air bag located in the steering wheel hub deploy in the rigid barrier test described in S22.5 of FMVSS No. 208, which determines the deployment stage for the LRD procedure in S26.

In a November 19, 2003, final rule, the agency specifically addressed which air bag system components are fired in a LRD test. The agency stated that:

While neither "air bag [system]" or "inflatable restraint [system]" is defined in FMVSS No. 208 or any other place in 49 CFR Part 571, the intent of the term "air bag" is to describe the components that make up the passenger- side dash-mounted and driver-side steering wheel hub-mounted, inflatable restraints used for occupant protection in a frontal impact. This does not refer to any other pyrotechnic system such as a belt pretensioner or inflatable knee bolster (68 Federal Register 65179, 65186; emphasis added).

We further stated that the agency has no data on the effect deploying devices other than the frontal air bag will have on the LRD test procedure. We also do not have any data on the performance of any of these other pyrotechnic devices for out-of-position occupants in the field. Specifically, we are concerned that inflatable knee bolsters could negatively impact the repeatability of the LRD tests, even though they would inflate in a real crash. Therefore, when the agency performs a LRD test on a vehicle equipped with inflatable knee bolsters, the knee bolsters are not inflated.

If you have any further questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:208
d.7/19/04

ID: Davis_8129-2

Douglas Davis, Vice President
Davis Aircraft Products Co. , Inc.
1150 Walnut Avenue
Bohemia, NY 11716-0525




Dear Mr. Davis:

This responds to your letter in which you ask about the load requirements under Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat belt assemblies. In your letter you suggest that there is an "overtest" condition with regard to one of the upper torso restraint components under the agencys test procedure (TP-209-05, January 17, 2003). As explained below, FMVSS No. 209 requires that a D-ring withstand the required force in the context of the test procedure specified in the standard, which is reflected in TP-209-05. As such, the procedure illustrated in TP-209-05 does not result in an "overtest".

FMVSS No. 209 specifies requirements for seat belt assemblies to ensure that such assemblies provide occupants with a minimum level of protection in a crash. As noted in your letter, S4.4 of the standard establishes the performance requirements for seat belt assemblies. S4.4(b)(2) requires structural components in an upper torso restraint to withstand a force of not less than 6,672 N when tested in accordance with S5.3(b) of the standard. The S5.3 test procedure applicable to S4.4(b)(2) is illustrated in Figure 10 of the laboratory test procedure, TP-209-05 (copy enclosed). We note that a revised version of the test procedure has been issued, TP-209-05 (August 22, 2005), but that no revisions have been made to Figure 10.

In your letter, you stated that under the test procedure illustrated in TP-209-05 Figure 10, a D-ring would experience a resultant force greater than 6,672 N. You stated that this resultant force created "an over test condition".

We disagree that the test procedure illustrated in TP-209-05 results in "an over test condition". As indicated above, S4.4(b) specifies that, with certain exceptions not relevant to your question, the components of a Type 2 seat belt assembly must meet specified requirements "when tested by the procedure specified in S5.3(b)". (Emphasis added. ) While S4.4(b) requires certain components (including a D-ring) in the upper torso restraint to withstand a force of not less than 6,672 N, the procedure with respect to how that force is applied is specified in S5.3(b).

S5.3(b)(2) specifies that the 6,672 N force is applied as a tensile force in the manner prescribed in S5.3(b)(1). Through referencing S5.3(a)(2), S5.3(b)(1) specifies that the assemblys attaching bolts are attached to an anchorage bar in a manner that results in the angle nearest to 90 degrees between webbing and attachment hardware, except that eye-bolts are vertical. This procedure is represented in Figure 10 of TP-209-05.

We recognize that the resultant force exerted on a D-ring is greater than the tensile force applied to the seat belt assembly. However, S4.4(b)s performance requirement is written in the context of a specified test procedure for the entire seat belt assembly. The higher force experienced by a D-ring is the result of the specified test procedure. As such, the illustrated test procedure does not result in an "overtest".

If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

Enclosure
ref:209
d.12/8/05

ID: nht95-7.4

TYPE: INTERPRETATION-NHTSA

DATE: September 26, 1995

FROM: Carol Stroebel -- Director of Intergovernmental Affairs, NHTSA

TO: The Honorable Bart Stupak -- U.S. House of Representatives

TITLE: NONE

ATTACHMT: ATTACHED TO 8/21/95 LETTER FROM BART STUPAK TO BRENDA BROWN

TEXT: Dear Mr. Stupak:

Thank you for your letter enclosing correspondence from your constituent, Mr. Kurt B. Ries, concerning our requirements for school vehicles. Your letter was referred to the National Highway Traffic Safety Administration (NHTSA) for reply, since NHTSA regulates the manufacture of all vehicles, including vans and school buses.

Mr. Ries, Director of the Northeast Michigan Consortium, asks for relief from what he believes is a new Federal regulation. The Northeast Michigan Consortium uses a number of 15-passenger vans to transport students to employment training programs and jobs. Mr. Ries believes the new Federal regulation will require all vehicles transporting students, including vans, to be replaced with "mini-school buses," which he believes is economically unfeasible.

I appreciate this opportunity to address your constituent's concerns. As explained below, the new regulation that Mr. Ries is concerned about is not a Federal regulation, but one that Michigan is considering adopting as State law.

NHTSA has issued safety standards applicable to new motor vehicles, including school buses. Under our regulations, a "school bus" is a vehicle carrying 11 or more persons, that is sold to transport children to school or school-related events. Congress has directed NHTSA to require school bus manufacturers to meet safety standards on aspects of school bus safety, including floor strength, seating systems, and crashworthiness. Each seller of a new school bus must ensure that the vehicle is certified as meeting these safety standards.

While NHTSA regulates the manufacture and sale of new school buses, this agency does not regulate the use of vehicles. Thus, we do not have a present or pending requirement that would require Mr. Ries to cease using his vans for school transportation.

The requirements for the use of school buses and other vehicles are matters for each State to decide. We understand from Mr. Roger Lynas, the State Pupil Transportation Director in Michigan, that Michigan is considering changing its school bus definition to make it more similar to NHTSA's. Such an amendment could affect what vehicles can be used for school transportation under State law. For more information about Michigan's proposed amendment, we suggest Mr. Ries contact Mr. Lynas at (517) 373-4013.

NHTSA does not require States to permit only the use of "school buses" when buses are used for school transportation. However, we support State decisions to do so. NHTSA provides recommendations for the States on various operational aspects of school bus and pupil transportation safety programs, in the form of Highway Safety Program Guideline No. 17, "Pupil Transportation Safety," copy enclosed. Since school buses have special safety features that conventional buses do not have, such as padded, high-backed seats, protected fuel tanks, and warning lights and stop arms, they are the safest means to transport school children. Guideline 17 recommends that all buses regularly used for student transportation meet our school bus safety standards.

I hope this information is helpful. If you have any further questions, please do not hesitate to contact me.

ID: 571.205-Plexiglass Barriers Clarification-Klos

Mr. Thomas Klos 
AROW Global Corp. 
924 N. Parkview Circle Mosinee, WI 54455
 
Dear Mr. Klos:
 
This responds to your email to the National Highway Traffic Safety Administration (NHTSA) asking about a letter of interpretation NHTSA issued to Mr. Mike Collingwood of the Illinois DOT on August 11, 2020. The letter concerned the installation of plexiglass barriers installed to the right of the driver in school buses to help minimize the spread of the Coronavirus Disease 2019 (COVID-19). Please note that our answer below is based on our understanding of the specific information provided in your email.
 
Background
 
NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. Chapter 301) to issue Federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to self-certify that their vehicles and equipment conform to all applicable FMVSS in effect on the date of manufacture. NHTSA also investigates safety- related defects.
 
On August 11, 2020, NHTSA responded to Mr. Collingwood’s request regarding the installation of “plexiglass barriers” installed to the right of, and behind, the driver’s seating position on school buses.1 In the letter, NHTSA concluded that the barriers were items of motor vehicle “glazing” that must comply with FMVSS No. 205, “Glazing material.” FMVSS No. 205 applies to glazing installed in motor vehicles prior to first purchase and to aftermarket glazing for use in motor vehicles. The standard incorporates by reference an industry standard, the “American National Standards Institute American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways-Safety Standard” (ANSI/SAE Z26.1-1996).
 
In the August 2020 letter, NHTSA stated that the barriers located to the right of the driver would be “interior partitions” located in an area requisite for driving visibility. As interior partitions located in an area requisite for driving visibility, the barriers would be required to be of one of the following types of glazing: Items 1, 2, 4, 4A, 10, 11A, 11C, 14, 15A, or 15B.
 
In your letter, you ask about Table A1 in the ANSI/SAE Z26.1-1996 standard, which provides a list of glazing types that may be used for “[g]lazing to the immediate right and left of the driver” for buses. You state that, because of this category, you historically have not used glazing with AS4 or AS4A designations (hereafter referred to as Item 4 and 4A glazing) on barriers installed to the right of the driver. You ask for guidance to ensure you are using the correct glazing types for interior barriers located to the immediate right and left of the driver.
 
Items 4 and 4A glazing may be used on barriers (partitions) installed to the right of the driver. Table A1 is located in the appendix to ANSI/SAE Z26.1-1996, and the appendix, as stated in its heading, is not a part of the ANSI standard, but is included for information purposes only.2 Accordingly, when there is any disparity between the language in Table A1 and the standard, the information within the standard prevails.
 
Subsection 4.2 of the ANSI standard specifies that Item 4 and Item 4A glazing may be used in “interior partitions” and does not specifically address the category of “glazing to the immediate right and left of the driver.” Because NHTSA considered the plexiglass barriers referenced in the August 11, 2020 letter to be interior partitions, and because the standard does not exclude the use of Items 4 and 4A glazing in glazing located to the immediate right of the driver, NHTSA concluded that Items 4 and 4A glazing may be used in the partitions.
 
I hope this information is helpful. If you have any further questions, please feel free to contact Callie Roach of my staff at this address or at (202) 366-2992.
 
Sincerely,
 
                       Digitally signed by ANN
ANN ELIZABETH ELIZABETH CARLSON
  Date: 2022.05.31
  13:07:01 -04'00'
CARLSON
 
Ann Carlson 
Chief Counsel

Dated: 5/31/22
Ref: FMVSS No. 205
 
1 Letter to Mr. Mike Collingwood, (August 11, 2020) available at https://isearch.nhtsa.gov/files/571.205%20Plexiglass%20Barriers%20(002).htm. 
2 The ANSI standard states: “(This Appendix is not a part of American National Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways, Z26.1-1996, but is included for information purposes only.)”

ID: aiam4981

"Dear Mr. Beach: This responds to your letter to Mr. Taylor Vinson o my staff, inquiring about Federal safety standards that apply to objects designed to be attached to the rear and side windows of passenger automobiles. Although you did not specify what this object is, you described the object as being 'not transparent,' rectangular in shape, with dimensions of 12 inches in width by 18 inches in length. The following discussion explains how our safety standards apply to your product. Some general background information on the Federal motor vehicle safety laws and regulations may be helpful. Our agency, the National Highway Traffic Safety Administration (NHTSA), is authorized under the National Traffic and Motor Vehicle Safety Act (Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates alleged safety-related defects. The agency has issued two Federal Motor Vehicle Safety Standards that might affect your product. These are Standards No. 205, Glazing Materials, and No. 111, Rearview Mirrors. Standard No. 205 specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger automobiles). Standard No. 111 sets performance requirements for rearview mirrors. The standard provides that each inside rearview mirror must provide a specified field of view to the rear of the vehicle. Manufacturers must certify that their new vehicles complies with the applicable requirements of Standards No. 205 and 111. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install a device that was not readily removable over the glazing and that impaired the field of view to the rear of the vehicle, that subsequent manufacturer or dealer would be required to certify that the vehicle continues to comply with the requirements of Standards No. 111 and 205 with this additional device installed. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Safety Act. That section prohibits manufacturers, distributors, dealers, and repair shops from knowingly 'rendering inoperative' any device or element of design installed on a vehicle in compliance with our standards. Thus, none of these commercial entities may legally install a sun screen device or other device on a vehicle, if the device would cause the vehicle to no longer comply with the requirements of Standards No. 111 and/or 205. In addition, any manufacturer of motor vehicle equipment, such as a device that is mounted on the glazing of motor vehicles and that is not readily removable, is responsible for the recall and remedy of all such devices, if it is determined that the device contains a defect related to motor vehicle safety. You should note that the 'render inoperative' prohibition in section 108(a)(2)(A) of the Safety Act does not affect vehicle owners, who may themselves alter their own vehicles as they please, without violating any provision of Federal law. Thus, Federal law would not prohibit you, as an individual vehicle owner, from installing any devices you wish in the windows of your own vehicle, even if such installation causes the vehicle to no longer comply with Standards No. 205, No. 111, or any other of our safety standards. The agency, however, urges vehicle owners not to take actions that would degrade the performance of the safety features designed into their vehicles. However, you should also note that the individual States have the authority to regulate the operation and use of vehicles by their owners and modifications owners can make to their own vehicles. Each of the States have exercised this authority to establish requirements for vehicles to be registered and operated within their borders. I cannot advise you about the laws established by each of the States. If you wish to learn whether Virginia or any other State prohibits the installation of your device in a vehicle, you may wish to contact the Department of Transportation for those States in which you are interested. I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam5312

"Dear Mr. Carver: This responds to your letter of January 8, 1994 asking two questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413, November 2, 1992). Your questions and the response to each follow. 1. There's some confusion here in our engineering department regarding the interpretation of the 'Daylight Opening' and 'Unobstructed Opening' as it applies to the new side emergency door specification in FMVSS 217. Page 2 shows the allowable obstruction and the context in which 'Daylight Opening' and 'Unobstructed Opening' are used. Page 3 shows some measurements of our seats placed according to the '30 cm minimum' shown on page 2. Page 4 shows four different interpretations of the 'Unobstructed Opening' area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the 'Unobstructed Opening' area is correct? Mr. Hott indicated definition 4. The term 'daylight opening' is defined in the Final Rule as 'the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening.' An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the 'maximum unobstructed opening of an emergency exit,' we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening. Your question specifically concerns how the 'maximum unobstructed opening' of a side door is measured when the opening is partially obstructed by a seat. In the case of the illustrated door exit, occupants would use the exit by movement along the floor. This would be considered in determining the extent of an obstruction. None of the four examples you enclosed with your letter correctly illustrates the area that would be credited for the illustrated exit. The following regions would not be credited for this exit: (1) the area visually obstructed by the seat, (2) your region A2, an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the door opening, and the edge of the door forward of the seat, (3) your region A5, an area bounded by the seat back, a horizontal line tangent to the top of the seat back, and the edge of the door forward of the seat, and (4) your region A8, an area bounded by the seat leg, the floor, the lower edge of the seat bottom, and the edge of the door forward of the seat. Because the seat would make the last three regions unusable as exit space for a person traveling along the floor of the bus towards the exit, they would not be credited for that exit. You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993 (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all types of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice. 2. Here is an excerpt from FMVSS 217 S5.5.3(a): 'Each school bus ....shall have the designation 'Emergency Door' or 'Emergency Exit' as appropriate, .... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus..... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus.' I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image 'Emergency Door' or 'Emergency Exit' can be read from both inside and outside the bus. Is it permissible for us to use this sort of decal, assuming it meets all other (i.e., FMVSS 302)? The answer to your question is yes. The agency addressed this issue in an October 2, 1978, letter to Mr. E.M. Ryan of Ward Industries, Inc. I am enclosing a copy of this letter. I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";

ID: aiam5063

"Dear Mr. Barron: This responds to your inquiry about this agency' requirements that are applicable to your product, a 'UV Heat Shield.' Your sales literature explains that this product is a UV protective window film that permits between 88 to 92 percent light transmission through the front windshield. You state that the UV Heat Shield blocks ultra-violet radiation from entering the vehicle's occupant compartment. I am pleased to have this opportunity to explain our regulations to you. By way of background information, section 103 of the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not however approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. Under the authority of the Safety Act, NHTSA has issued Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (e.g., 70 percent in areas requisite for driving visibility, which includes all windows in passenger cars). The purpose of this requirement is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle crash. Manufacturers must certify that their new vehicles comply with the requirements of all applicable safety standards. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install your window film over the glazing, that subsequent manufacturer would be required to certify that the vehicle continues to comply with the requirements of Standard No. 205 with the window film installed. I note that while you state that your window film permits between 88 to 92 percent light transmission through the front windshield, it is the windshield with your product installed that would be required to meet the 70 percent light transmittance requirement. After a vehicle is first sold to a consumer, modifications to the vehicle are affected by 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair from knowingly 'rendering inoperative' any device or element of design installed in a vehicle in compliance with any applicable safety standard. This provision means that no manufacturer, dealer, distributor, or repair business could install window tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard No. 205. Violations of this 'render inoperative' prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1,000 for each noncomplying installation. Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. If you are interested in further information on the provisions on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. In addition, under the Safety Act, the UV Heat Shield would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety- related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I have also enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. I hope that you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";