ID: nht95-3.28

TYPE: INTERPRETATION-NHTSA

DATE: June 27, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Thomas L. Wright, -- Acting Manager, MVS Customer Services, State of New Jersey, Department of Law and Public Safety, Division of Motor Vehicles

TITLE: NONE

ATTACHMT: ATTACHED TO 7/13/92 LETTER FROM PAUL JACKSON RICE TO JEFFREY PUENTES; ALSO ATTACHED TO 4/28/95 LETTER FROM THOMAS L. WRIGHT TO DOROTHY NAKAMA (OCC 10890)

TEXT: Dear Mr. Wright:

This responds to your request for information about responsibilities of motorcycle manufacturers. As you discussed with Dorothy Nakama, the National Highway Traffic Safety Administration (NHTSA) does not "regulate" how an enterprise becomes a "recognize d manufacturer."

Enclosed is NHTSA's information sheet for new manufacturers of motor vehicles and motor vehicle equipment, which discusses the main requirements of 49 U.S.C. section 30101 et seq. (formerly the Vehicle Safety Act). A copy of the Act is enclosed. Under section 30112(a) of the Act, a motorcycle manufacturer may not manufacture a motorcycle for sale unless the vehicle complies with all applicable Federal Motor Vehicle Safety Standards (FMVSS) and is covered by a certification issued under 49 U.S.C. secti on 30115. One safety standard is Standard No. 115 Vehicle Identification Number - Basic Requirements. (See 49 CFR 571.115.) In our regulations, at 49 CFR part 567 Certification, NHTSA has promulgated the requirement that a manufacturer certify complianc e of its motorcycle with all applicable safety standards. Under part 566, NHTSA requires manufacturers to submit certain identifying information and a description of the items they produce.

Also enclosed is a copy of a July 13, 1992 interpretation letter to Mr. Jeffrey Puentes, discussing serial numbers on motorcycle frames versus motorcycle VINs.

As you may be aware, "certificates of origin" are matters relating to vehicle titling, which the State regulates, rather than NHTSA.

I hope this information is helpful. If you have any further questions, please contact Ms. Nakama at (202) 366-2992.

ID: nht95-3.29

TYPE: INTERPRETATION-NHTSA

DATE: June 27, 1995

FROM: John Womack -- Acting Chief Counsel; NHTSA

TO: Robert Charles Maltzahn, Esq.

TITLE: NONE

ATTACHMT: ATTACHED TO 5/12/95 LETTER FROM ROBERT C. MAITZAHN TO JOHN WOMACK (OCC 10908)

TEXT: Dear Mr. Maltzahn:

This responds to your request for an interpretation whether Standard No. 115, Vehicle identification number - basic requirements or any other Federal Motor Vehicle Safety Standard (FMVSS) applies to your client's high pressure "waterjet cutting and clean ing equipment" manufactured as a mobile trailer. As explained below, the answer is no.

Your letter describe your client's product as "manufactured for use in the construction industry for hydrodemolition and cleaning and for industrial use." The letter states the equipment is mobile to facilitate towing from site to site, but is "not used primarily on the roadways and highways of the United States."

In a telephone conversation with Dorothy Nakama of my staff, you explained that the length of time the equipment is at a job site depends on the task. The equipment could be at a ship cleaning site for over a year, or at a hydrodemolition site for five days. You stated that the equipment very rarely stays at a job site for less than a week.

The FMVSS's apply only to "motor vehicles," within the meaning of 49 U.S.C. @ 30102(a)(6). That section defines "motor vehicle" as:

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

Whether the agency considers your trailer to be a motor vehicle depends on its use. It is the agency's position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to m ove between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use i s more than "incidental."

Based on your description, it appears that your client's equipment is not a motor vehicle. This is because the equipment appears to stay on job sites for extended periods of time (ranging from a week to over a year). Therefore, your client's equipment need not meet Standard No. 115, or any other FMVSS. I note that, if the agency were to receive additional information indicating that your trailer used the roads more than on an incidental basis, then the agency would reassess this interpretation.

I hope this information is helpful. If you have any questions, please contact Dorothy Nakama at (202) 366-2992.

ID: nht95-3.3

TYPE: INTERPRETATION-NHTSA

DATE: June 7, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: K. Howard Sharp, Esq. -- Arnason Law Office

TITLE: NONE

ATTACHMT: ATTACHED TO 5/12/95 LETTER FROM K. HOWARD SHARP TO JOHN WOMACK

TEXT: Dear Mr. Sharp:

We have received your letter of May 12, 1995, requesting an interpretation of Motor Vehicle Safety Standard No. 108 on behalf of your client, NYTAF Industries. You are concerned that installation of a NYTAF lighting system on the rear of trailers might be considered to impair the effectiveness of the required rear lighting equipment within the meaning of paragraph S5.1.3.

The NYTAF Auxiliary Rear Lighting System

NYTAF has developed "an auxiliary signaling system for heavy duty vehicles" which "displays a verbal message appropriate to the particular potential hazard." According to Exhibit A of your letter, a draft information brochure, the specific words displaye d are: "Wide Turn", "Braking", "Wide Load", "Caution", "Help", "Backing", and "Long Load". In addition, right and left facing arrowheads indicate the direction of turning. Drivers cannot alter these messages or program the system to accept personal mes sages. The brochure depicts the message unit "on the rear of the trailer frame directly below the trailer body in the center putting the display panel on approximately the same horizontal plane as the tail lights and brake lights." Words are provided by light-emitting diodes (L.E.D.). According to your letter, the L.E.D. display "is somewhat more intense than existing brake lights, turn and tail lamps."

Exhibit B "Operation Summary" explains how the system operates with respect to each message, e.g., "Braking" is "activated and illuminated in conjunction with brake lights."

Applicable Requirement of Standard No. 108

Paragraph S5.1.3 of Standard No. 108 states that "No additional lamp, reflective device or other motor vehicle equipment shall be installed [before first purchase of a vehicle in good faith for other than resale] that impairs the effectiveness of lightin g equipment required by [Standard No. 108]."

Prior Interpretations of S5.1.3 Relating to Message Boards

In the past, the agency has advised that the determination of impairment is initially made by the manufacturer of the motor vehicle on which the supplementary equipment is installed, when it certifies that the vehicle complies with all applicable Federal motor vehicle safety standards. Unless that determination is clearly erroneous, NHTSA will not question it. Thus, NHTSA's interpretations are generally cautionary in tone rather than prohibitive.

I enclose copies of two interpretations relating to message boards intended for the rear parcel shelves of passenger cars. The first is a letter of August 17, 1989, to Alan S. Eldahr ("Eldahr"). The relevant language of Eldahr is that a rear window mes sage board "sending messages unrelated to vehicle stops, could confuse and distract a driver following, and in that sense impair the effectiveness of the center lamp." The second is a letter dated August 13, 1993, to Kenneth E. Ross ("Ross"). The Ross l etter discusses the relation of message boards to the aftermarket, as well as the notification and remedy obligations which would fall upon NYTAF as a manufacturer of automotive accessory equipment.

Relationship of Eldahr to NYTAF

Eldahr indicates that there is less possibility of impairment existing if the message visible to a following driver is related to the lamp function that occurs simultaneously, as happens, for example in the NYTAF system, when stop lamp activation is acco mpanied by the word "Braking." We suggest that vehicle manufacturers installing the NYTAF system follow this guideline in their determinations of whether impairment exists.

NYTAF might also wish to reconsider the intensity of the L.E.D. display which you say is "more" than that of the existing rear lighting equipment, especially as it may affect reaction to the stop signal. The intensity should not be so great as to divert driver attention to the message rather than to the stop signal.

There are several areas of Exhibit B "Operation Summary" which require more specific comment. "Caution" is activated in conjunction with the hazard warning system. Standard No. 108 requires these systems to simultaneously flash all turn signal lamps, a nd not sequentially as Exhibit B states. Exhibit B should be corrected to reflect this if it is to be distributed publicly, as we do not understand that the NYTAF system is intended to create sequential flashing of turn signals when operated in the haza rd signal mode. The sole explanation of "Help" is that it is to be activated manually. In our view, a flashing "Help" while the trailer is in motion would be more likely to impair rear lighting equipment than if it is operable only when the trailer is at rest. In addition, Exhibit B does not indicate whether the "Help" message is overridden by other messages when related lighting systems are activated.

We are unsure of the purpose of "Clearance Marker" which is operated "in conjunction with parking lights." Standard No. 108 does not require truck tractors to be equipped with parking lamps. We believe that you meant taillamps. We do not view this lamp as having an impairing effect upon the taillamps. The name of the lamp is somewhat misleading, as it would be mounted at the center of a vehicle whereas a "clearance lamp" is intended to indicate a vehicle's overall width.

Additionally, on certain trailer designs the three identification lamps are mounted around the vertical centerline in the same location in which you have stated the NYTAF system will be mounted. With respect to the close proximity of the two lighting sy stems, we believe that the brightness of the NYTAF device compared with that of the identification lamps could impair their ability to signal the presence of a large vehicle in the roadway ahead, the intended function of these lamps.

Finally, we note that the color red would indicate a backing function. Although trailers are not required to have backup lamps, Standard No. 108 specifies that the color white shall be used for backup lamps, and we believe that the public has come to as sociate an activated white lamp on the rear of a vehicle as indicating that the vehicle is in reverse gear. Your client may wish to reevaluate this function in light of possible liability concerns.

We hope that these guidelines will be helpful to NYTAF. If you have any further questions, Taylor Vinson will again be happy to answer them (202-366-5263).

ID: nht95-3.30

TYPE: INTERPRETATION-NHTSA

DATE: June 29, 1995

FROM: Isaias Rios -- Product Engineering Dpt., Rines De Acero K-H, S.A. De C.V.

TO: Marvin Shaw -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 08/11/95 LETTER FROM JOHN WOMACK TO ISAIAS RIOS (A43; PART 566; STD. 110; STD. 120)

TEXT: DEAR MR. SHAW:

CURRENTLY RINES DE ACERO K-H. S.A. DE C.V. IS THE PRINCIPAL SUPPLIER OF PASSENGER CAR STEEL WHEELS FOR THE MAJOROTY OF THE AUTOMAKERS THAT ARE ASSEMBLING VEHICLES IN MEXICO (FORD MOTOR Co., GENERAL MOTORS, VOLKSWAGEN, NISSAN AND CHRYSLER).

TO EXPORT PASSENGER CAR STEEL WHEELS FROM MEXICO TO U.S.A., [Illegible Words] IS REQUIRING A CERTIFICATE WHICH DEMONSTRATES TOTAL COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE FEDERAL MOTOR VEHICLE SAFETY STANDARD No. 110 No. 120 OR OTHER FMVSS S TANDARDS OF INTERNATIONAL MOTOR VEHICLE SAFETY ACT. OF 1966.

THE PURPOSE OF THIS LETTER IS TO REQUEST THE [Illegible Words] INFORMATION AND PROCEDURE NECESSARY FOR US TO [Illegible Words] CERTIFICATION, AND ENABLE US TO SHIP WHEELS TO NISSAN FOR [Illegible Words] TO THE U.S.

IF A FORM IS NECESSARY, PLEASE FORWARD A COPY OF [Illegible Words] FORM OR A LIST OF THE DATA REQUIRED. PLEASE ALSO [Illegible Words] OTHER AGENCIES OR GOVERNMENT DEPARTMENTS [Illegible Words] INCLUDING CONTACT PERSON AND THE NAME AND [Illegible Word s] THE APPLICABLE STANDARD FOR WHEELS (BOTH STEEL AND ALUMINUM).

IF WE NEED TO HAVE WHEELS TESTED BY APPROVED LABS IN THE U.S. COULD YOU ALSO PROVIDE US WITH A LIST OF SUCH LABS, NAME, ADDRESS, AND CONTACT PERSON. OUR FAX NUMBER IS 011-525-572-74-70, AND THE PRODUCT ENGINEERING TELEPHONE NUMBER IS 011-625-562-73-0 0.

I WOULD REALLY APPRECIATE YOUR HELP ON THIS MATTER. PLEASE CALL ME IF YOU REQUIRE ADDITIONAL INFORMATION OR EXPLANATION.

ID: nht95-3.31

TYPE: INTERPRETATION-NHTSA

DATE: June 29, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Doug Russel -- Design Engineer, Advance Engineered Products

TITLE: NONE

ATTACHMT: ATTACHED TO 05/03/95 LETTER FROM DOUG RUSSELL TO JOHN WOMACK (OCC 10888)

TEXT: Dear Mr. Russel:

This responds to your letter asking about the brake power requirements in section S5.4.2 of Federal motor vehicle safety standard No. 121, Air Brake Systems (49 CFR 571.121). You asked whether there are any limitations on the pressure which can be used to achieve the required deceleration rate specified in S5.4.2.2. As explained below, the same limitation on the pressure which can be used to achieve the deceleration rate specified in S5.4.2.1 applies to the deceleration in S5.4.2.2. You also asked wh ether brakes must be capable of meeting the specific deceleration rate specified in S5.4.2.2. The answer to that question is yes.

Some background information on Federal motor vehicle safety laws and regulations may be helpful. Congress has authorized this agency the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards applicable t o new motor vehicles and new items of motor vehicle equipment. NHTSA has used this authority to establish Standard No. 121, which applies to braking systems on vehicles equipped with air brakes. The agency, however, does not approve motor vehicle or mo tor vehicle equipment, nor does it endorse any commercial products. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

Standard No. 121's brake power requirements are set forth in section S5.4.2. The purpose of these requirements is to help ensure that brakes retain adequate stopping capability during and after exposure to prolonged or severe use, such as long, downhill driving. The brake power procedure specified by that section is conducted on a dynamometer and is intended to replicate real world brake performance. The specified decelerations are designed to heat the brakes to simulate severe driving conditions.

Section S5.4.2 requires that each brake

shall be capable of making 10 consecutive decelerations at an average rate of 9 f.p.s.p.s from 50 m.p.h. to 15 m.p.h., at equal intervals of 72 seconds, and shall be capable of decelerating to a stop from 20 m.p.h. at an average deceleration rate of 14 f .p.s.p.s. 1 minute after the 10th deceleration.

For the first ten decelerations, section S5.4.2.1 specifies the conditions under which the decelerations must be performed, including that "The service line air pressure shall not exceed 100 p.s.i. during any deceleration." For the eleventh deceleration, S5.4.2.2 specifies that "one minute after the end of the last deceleration required by S5.4.2.1 and with the drum or disc rotating at a speed of 20 m.p.h., decelerate to a stop at an average deceleration rate of 14 f.p.s.p.s."

In asking whether there are any limitations on the pressure which can be used to achieve this eleventh deceleration, you noted that S5.4.2.2, unlike S5.4.2.1, does not explicitly specify a pressure limitation. However, reading section S5.4.2 (including S5.4.2.1 and S5.4.2.2) as a whole, the brake line pressure limitation set forth in S5.4.2.1 applies to the eleventh deceleration as well. Section S5.4.2 specifies a test procedure consisting of a series of events, i.e., preparing the dynamometer for the test including a 100 p.s.i. pressure limit, then making 10 decelerations on the dynamometer under the conditions set forth in S5.4.2.1, then making the eleventh deceleration. Section S5.4.2.2 does not specify any change in the dynamometer pressure limit for the eleventh deceleration. The dynamometer pressure limit specified for the brake power test simply reflects the fact that tractor trailer brakes are typically configured to operate at a maximum nominal brake pressure of approximately 100 psi. Use of a higher brake pressure that differed from a vehicle's actual maximum brake pressure would result in the brake power test not being representative of real world brake performance.

In response to your second question, section S5.4.2 specifies that a brake must be capable of decelerating to a stop from 20 m.p.h. at an average deceleration rate of 14 f.p.s.p.s. 1 minute after the 10th deceleration. See also S5.4.2.2. A brake which c ould not achieve this specified deceleration rate for the eleventh deceleration would not comply with the Standard's requirements.

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

ID: nht95-3.32

TYPE: INTERPRETATION-NHTSA

DATE: June 29, 1995

FROM: Isaias Rios -- Product Engineering Dept., Rines De Acero K-H, S.A. DE C.V.

TO: Marvin Shaw -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 8/14/95 LETTER FROM JOHN WOMACK TO ISAIAS RIOS (REDBOOK 6; A43; STD. 110; STD. 120; PART 566)

TEXT: DEAR MR. SHAW:

CURRENTLY RINES DE ACERO K-H, S.A.DE C.V. IS THE PRINCIPAL SUPPLIER OF PASSENGER CAR STEEL WHEELS FOR THE MAJOROTY OF THE AUTOMAKERS THAT ARE ASSEMBLING VEHICLES IN MEXICO (FORD MOTOR Co., GENERAL MOTORS, VOLKSWAGEN, NISSAN AND CHRYSLER).

TO EXPORT PASSENGER CAR STEEL WHEELS FROM MEXICO TO U.S.A., NISSAN MEXICANA IS REQUIRING A CERTIFICATE WHICH DEMONSTRATES TOTAL COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE FEDERAL MOTOR VEHICLE SAFETY STANDARD No. 110 No. 120 OR OTHER FMVSS STA NDARD OF THE NATIONAL MOTOR VEHICLE SAFETY ACT OF 1966.

THE PURPOSE OF THIS LETTER IS TO REQUEST THE REQUIRED INFORMATION AND PROCEDURE NECESSARY FOR US TO OBTAIN SUCH A CERTIFICATION, AND ENABLE US TO SHIP WHEELS TO NISSAN FOR SUBSEQUENT SHIPMENT TO THE U.S.

IF A FORM IS NECESSARY, PLEASE FORWARD A COPY OF THE REQUIRED FORM OR A LIST OF THE DATA REQUIRED. PLEASE ALSO ADVISE US OF THE OTHER AGENCIES OR GOVERNMENT DEPARTMENTS OR STANDARDS ORGANIZATIONS INCLUDING CONTACT PERSON AND THE NAME AND NUMBER OF TH E APPLICABLE STANDARD FOR WHEELS (BOTH STEEL AND ALUMINUM).

IF WE NEED TO HAVE WHEELS TESTED BY APPROVED LABS IN THE U.S., COULD YOU ALSO PROVIDE US WITH A LIST OF SUCH LABS, NAME, ADDRESS, AND CONTACT PERSON. OUR FAX NUMBER IS 011-525-572-74-70, AND THE PRODUCT ENGINEERING TELEPHONE NUMBER IS 011-525-562-73- 00.

I WOULD REALLY APPRECIATE YOUR HELP ON THIS MATTER. PLEASE CALL ME IF YOU REQUIRE ADDITIONAL INFORMATION OR EXPLANATION.

ID: nht95-3.33

TYPE: INTERPRETATION-NHTSA

DATE: June 30, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: K. Howard Sharpe, Esq. -- Aranson Law Office

TITLE: NONE

ATTACHMT: ATTACHED TO 6/13/95 LETTER FROM K. HOWARD SHARP TO JOHN WOMACK (OCC 10991)

TEXT: Dear Mr. Sharpe:

This responds to your further letter of June 13, 1995, with reference to your client, NYTAF Industries, Inc.

You have informed us that NYTAF will sell in the aftermarket its rear lighting system that displays verbal messages. You ask whether NYTAF must certify compliance with the Federal motor vehicle safety standards as "it is simply a manufacturer of an acce ssory."

The answer is no. The only aftermarket lighting equipment for which certification of compliance is required is equipment that is manufactured to replace any item of required original lighting equipment on a vehicle. The NYTAF system is not intended to replace any item of original equipment, and no certification is required.

However, because the NYTAF system is "manufactured or sold . . . as an accessory or addition to a motor vehicle", it is "motor vehicle equipment" as defined by 49 U.S.C. 30102(a)(7)(B). This means that if either NYTAF or NHTSA determines that there is a safety related defect in the system, NYTAF will be required to notify and remedy according to statutory provisions.

If you have any further questions you may refer them to Taylor Vinson of this Office (202-366-5263).

ID: nht95-3.34

TYPE: INTERPRETATION-NHTSA

DATE: June 30, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Denise Jones -- NiMi Manufacturing, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 5/24/95 LETTER FROM DENISE JONES TO DEE FUJITA (OCC 10927)

TEXT: Dear Ms. Jones:

This responds to your letter to Ms. Deirdre Fujita of my staff asking about safety regulations, particularly for flammability resistance, for a device you call a "Toddler Traveler pillow." According to promotional literature you sent with your letter, th e Toddler Traveler pillow is used with a child booster seat to provide "padded comfort and support" to a child sleeping in the booster. The pillow provides a surface the child could lean on while sleeping.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, howe ver, approve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The followi ng represents our opinion based on the information set forth in your letter and promotional literature.

Currently there are no Federal motor vehicle safety standards (FMVSSs) that directly apply to the Toddler Traveler pillow. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for us e in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." The standard does not apply to accessory items, such as a pillow that is used with a child booster seat. Our standard for flammability resistance, FMVS S 302, applies to new motor vehicles and to new child restraint systems. It does not apply to child restraint accessory items.

While no FMVSS applies to the Toddler Traveler pillow, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. @@ 30118-30121 concerning the reca ll and remedy of products with safety related defects. I have enclosed a copy of those defect provisions, as well as an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that yo ur product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the Toddler Traveler pillow would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. @ 30122 prohibits those businesses from installing the device if the installation "ma kes inoperative" compliance with any safety standard. No commercial business listed in @ 30122 can install a Toddler Traveler pillow if the product undermines the vehicle's compliance with a safety standard, including Standard 302 for flammability resis tance.

The prohibition of @ 30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

Before closing, we would like to comment on a further issue, one that you and Ms. Fujita discussed on the telephone. The advertising literature you enclosed with your letter described the Toddler Traveler pillow as being suitable for use with children a ges "18 months to 4 years." We believe this description is potentially confusing concerning the use of booster seats by young children. Booster seats are intended to be used as a transition to safety belts by older children who have outgrown convertible seats (ideally, over 40 pounds and 4 years). A booster seat is not designed to restrain young children, and under a requirement we recently adopted, cannot now be recommended for children under 30 pounds. Stating "18 months to 4 years" may be mistaken to imply that, with your pillow, a booster seat could be used to restrain a child as young as 18 months. To avoid any possible misunderstanding, we suggest that the phrase on recommended use of the pillow should refer to older children, such as those "ov er 4 years."

One further note in closing. You said that a year ago, Ms. Fujita told you "there are no codes to govern" your product. Ms. Fujita is concerned that you might believe you were given an oral interpretation of how our requirements apply to your product. Please note that we cannot give oral interpretations. Ms. Fujita provided you a copy of an interpretation we'd issued in the past on a child seat pillow accessory, while indicating that an interpretation of which requirements apply to your product must be from us in writing. (This letter comprises that interpretation.) We regret any confusion on this issue.

I hope this information is helpful. If you have any other questions, please feel free to contact Ms. Fujita at (202) 366-2992.

ID: nht95-3.35

TYPE: INTERPRETATION-NHTSA

DATE: June 30, 1995

FROM: Michael A. Norman

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 7/13/95 LETTER FROM JOHN WOMACK TO MICHAEL A. NORMAN (A43; STD. 108)

TEXT: Dear MR. Womack:

Enclosed please find the product information regarding the Auto Truckers Courtesy Light. Please prepare a written response that can be presented to Ginger Clore Secretary of New Products Committee Department of Transportation 1401 East Broad Street, Rich mond, VA 23219-1939. Fax # (804) 328-3136. The final decision concerning the product is July 13, 1995. Thank you for your time and assistance. Let me know if you have any question or need more information. I can be reached at P.O. Box 23211 Richmond, VA 23223. Home phone (804) 783-2612

Enclosures

Describe product or material:

The Auto And Truckers Courtesy Light is a Signalling and Courtesy device thanking a trailing motorist for blinking his lights to assist the truck operator in changing back to the right hand lane after passing. The light lens member is provided with a written message indicating - Thums-Up, USA, Thank-You or V DOT. The apparatus includes A Aluminum Casing in which a reflector is mounted with Signal lights. The Lexen facing slides into the casing. The device operates with Audio - and Visual indicato rs with three second automatic delay cut-off. The device is adapted for mounting permently or temporarily to the rear of the vehicle.

Applications, further descriptions, drawings are omitted.

ID: nht95-3.36

TYPE: INTERPRETATION-NHTSA

DATE: July 1, 1995 EST

FROM: Michael A. Nappo

TO: Chief counsel -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO: 9/11/95 LETTER FROM JOHN WOMACK TO MICHAEL A. NAPPO (A43; STD. 108); 6/8/93 LETTER FROM JOHN WOMACK TO SHAWN SHIEH; 5/10/91 AND 3/21/91 LETTERS FROM PAUL JACKSON RICE TO CHRIS LAWRENCE; 8/17/89 LETTER FROM STEPHEN P. WOOD (VSA 108 (A)(2)(A) TO ALAN S. ELDAHR; 7/8/85 LETTER FROM JEFFREY R. MILLER TO DON BENFIELD

TEXT: Dear Sirs:

Enclosed is some information on a new product that our company will be trying to market in the near future. Could you please send us any information on how this product might effect local and national laws?

Product Name: AUTO AD

Concept: To offer the consumer a better way to advertise with great exposure and less cost.

Operation: The AUTO AD is a portable advertising unit that is designed with a flexable screen that can be secured to a window with suction cups. This screen has LED's (lights) which will be controlled by a processing unit that will be attached to the sc reen with a cable. The processing unit will then be controlled by a key pad that will be mounted close to the automobile driver. The whole unit will run off the power from the car battery through the cigaret lighter or hardwired in.

NOTE: An adaptor will be made so the AUTO AD can also be used in the home or business using a 120v outlet.

Uses: * selling the auto * advertising the business * as a safety device when the auto breaks down one can signal for help * general advertising

Need: With the high cost of advertising through radio, tv, signs, papers, etc., the consumer is looking for a cheaper way to advertise more effectively.

THANK YOU. (Diagrams omitted.)