ID: PFTF142.TMP

Mr. Tim Peffley
Manager of Quality Systems and Engineering
SpecTemp, Inc.
5406 U.S. Rt. 24
Antwerp, OH 45813





Dear Mr. Peffley:

This responds to your January 23, 2001, letter regarding the use of laminated glass for AS2 and AS3 locations.

You state in your letter that you are writing on behalf of your company, SpecTemp, Inc. (SpecTemp) which is a glass fabricator and temperer servicing an array of different industries. You ask about a lamination technique developed by UCB Chemical Corp. which creates a laminated unit by using a liquid resin application technique. More specifically, the glazing produced by this technique consists of two sheets of glass held together by a liquid resin which, when cured, will provide adhesive strength as a glass laminate.

SpecTemp is seeking from this office a letter that "interprets and condones using laminated, fully tempered safety glass lites, as a unit, in AS2 and AS3 vehicle locations." Further you ask 1) whether there are special tests that must be conducted, outside of your normal DOT testing, for laminated glass that will be used in AS2 and AS3 vehicle locations, 2) whether you must designate any special markings when using laminated glass in side lite installations, and 3) whether you can use your current DOT etch designation. As explained below, outside of the performance, location, labeling, and certification requirements contained in this agency's glazing standard for the type and location of glazing described above, no "special tests" or "special markings" exist. Furthermore, you may use your current DOT etch designation for this glazing provided that it was assigned by this agency pursuant to the glazing standard requirements.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment.

Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither endorses, approves, nor conducts testing of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects. I will now address the specific questions raised in your letter.

First you ask whether there are special tests that must be conducted outside of your normal testing for laminated glass that will be used in AS2 and AS3 locations. The answer is no. Pursuant to NHTSA's authority, the agency has established FMVSS No. 205, Glazing Materials (49 CFR 571.205). FMVSS No. 205 incorporates by reference "ANS Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. FMVSS No. 205 and ANS Z26 specify performance requirements for various types of glazing (called "Items"), and specify the locations in vehicles in which each item of glazing may be used. (In your letter, you incorrectly identified the codes AS2 and AS3 as "vehicle locations." Those designations are codes required on glazing materials by section 6 of ANS Z26.) Your company's product, a laminated glass, may be used in the vehicle areas designated for Item 2 and/or Item 3 glazing subject to its meeting the prescribed tests for those Items contained in FMVSS No. 205.

Your second and third questions ask whether you must designate any special markings when using laminated glass in side lite installations, and whether you can use your current DOT etch designation. No "special markings" requirements exist for the glazing you describe, and you may continue to use your manufacturer code mark assigned by DOT. (In your letter, you incorrectly refer to the manufacturers code mark as a "DOT designation.") However, you must comply with the marking and certification requirements set forth in S6 of FMVSS No. 205.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel

Enclosure
ref:205
d.6/22/01

ID: 19283.ogm

E. Pluribus Law Firm, P.C.
P.O. Box 326
Leland, MI 49654

Re: FMVSS 209

Dear Sir or Madam:

This responds to your letter concerning the test requirements of Standard No. 209, Seat Belt Assemblies. Your questions relate to provisions addressing the performance of seat belt buckles under this safety standard. Specifically, you ask several questions about what you describe as the "partial engagement" provisions of Standard No. 209. Your seven questions, and our response to each question are provided below.

l. How does NHTSA define "partial engagement" under FMVSS 209 3.21 & 5.27?

ANSWER: We note that Standard No. 209 does not contain either section you refer to in your question. However, S4.3(g) and S5.2(g) of Standard No. 209, respectively, each use the phrase "partial engagement" in describing the minimum performance criteria and the test procedures for assessing buckle performance. Under S4.3, a seat belt buckle with a metal-to-metal buckle must separate when subjected to a force of not more than 22 newtons 95 pounds) or less when in any position of "partial engagement." The meaning of the phrase "partial engagement" is not defined in Standard No. 209 and has not been previously interpreted by NHTSA insofar as it applies to this particular standard. We believe that "partial engagement" is that position where the male end and the female receptacle of a seat belt assembly is neither fully engaged and latched nor fully disengaged. Therefore, the two components are partially engaged when the male end is inserted into the receptacle but has not been inserted to the point where the latching mechanism has closed.

2. Is "partial engagement" one of the phenomena which NHTSA is concerned about in the language of FMVSS 209 3.5 - "Buckle release mechanism shall be designed to minimize the possibility of accidental release"?

ANSWER: No. As used in this Standard, "partial engagement" is not a phenomenon but is a state in which the buckle assembly is placed to test the resistance of the assembly to separation or disengagement when it is not in the fully latched position. The requirement in S4.1(e) that buckle release mechanisms be designed to minimize the possibility of accidental release is intended to provide some assurance that buckles will not be inadvertently released once in the latched position.

3. Is it correct that FMVSS 209 3.21 preclude [sic] certification of any buckle which requires more that 5 lbs. to release from any position of partial engagement? Specific reference should be made to the language "a metal buckle shall separate when in any position of partial engagement by a force of not more than 5 pounds (2.3 Kg)" in interpreting this provision.

ANSWER: Again, we note that Standard No. 209 does not contain the section cited in your question. However, the language cited in your question is found in S4.3(g) of the Standard. If this is, in fact, that section that your question refers to, the answer is yes.

4. Assuming no testing of maximum engagement is required under FMVSS 209 5.27 if it is determined that partial engagement is not possible "by means of a technique representative of actual use", how important is it to conduct a fair and adequate test of "representative use?"

ANSWER: In answering this question, we assume that you are referring to S5.2(g) of Standard No. 209. In certifying compliance with a standard, manufacturers must make efforts to ensure that they have exercised due care. If the agency testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If there is a noncompliance, the manufacturer must conduct a recall campaign to remedy the problem. In addition, the manufacturer is subject to civil penalties unless it can establish that it exercised "due care" in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not comply with the safety standards.

5. What is a fair and adequate test to determine "whether partial engagement is possible by means of a technique representative of actual use" under FMVSS 209 5.27?

ANSWER: This agency has long stated that it is unable to judge what efforts would constitute "due care" in advance of the actual circumstances in which a noncompliance occurs. What constitutes "due care" in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and, above all, the diligence exercised by the manufacturer.

6. Would the NHTSA interpretations provided above be the same in 1988-91 as they have been provided in response to the request for interpretation herein.

ANSWER: Yes.

7. If the response to request No. 6 is negative, please identify all interpretations which would have been different and the underlying basis for the change in interpretation between 1988-91 and present.

ANSWER: See the answer to item 6 above.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:209
d.7/8/2000

ID: 77-3.47

TYPE: INTERPRETATION-NHTSA

DATE: 08/10/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 29, 1977, letter asking whether states are preempted from regulating minimum seat spacing in school buses by Standard No. 222, School Bus Passenger Seating and Crash Protection, which regulates maximum seat spacing.

The National Traffic and Motor Vehicle Safety Act provides in Section 103(d):

Whenever a Federal motor vehicle safety standard under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.

Section 103(d) has the effect of preempting safety standards of the states and their political subdivisions unless they are identical to applicable Federal safety standards that regulate the same aspect of vehicle or equipment performance. The second sentence of the section clarifies that the limitation on safety regulations of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. The second sentence does not, however, permit these governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable safety standards.

The state regulations to which you refer in your letter would mandate minimum seat spacing in school buses. Although the requirement of the National Highway Traffic Safety Administration (NHTSA) regulates maximum seat spacing and the state requirements regulate minimum spacing, the regulated aspect of performance is seat spacing. Therefore, it is the NHTSA's opinion that state standards applicable to all school buses concerning minimum seat spacing regulate the same aspect of performance as the Federal standard and would be preempted to the extent that they are not identical with the Federal standard. Section 103(d) would not prevent a state from requiring minimum seat spacing in buses procured for its own use as long as the maximum seat spacing of 20 inches is not violated.

The agency will try to disseminate this opinion to the states as broadly as possible. If you receive further state inquiries on this subject, you should refer them to this office.

SINCERELY,

BLUE BIRD BODY COMPANY

June 29, 1977

Joseph J. Levin, Jr. Chief Counsel National Highway Traffic Safety Admin.

The purpose of this letter is to seek clarification regarding the seat spacing requirements of FMVSS 222 vs the seat spacing specifications which have been or are in the process of being adopted by the states.

FMVSS 222 specifies a maximum seat spacing of 20 inches in S5.2.1 measured from the SRP forward to the rear surface of the next seat or barrier.

Some states have adopted, or are in the process of adopting, minimum knee space dimensions from the front of a seat back measured forward to the back of the next seat back. As might be expected, in the specifications which have been adopted so far, there is a lack of uniformity. For example, one specification calls for "a minimum of 24 inches knee space measured horizontally at the seat cushion level at the transverse center line of the seat." This requires 24 inches knee space in the area of the seat back which is recessed for knees but allows less than 24" around the periphery of the seat frame. Another specification requires "24 inches minimum knee space measured across the full width of the seat back." With the latter specification, using a seat back pad recessed in the knee area, the 20 inches maximum spacing requirement of S5.2.1 can easily be exceeded in the recessed area when seats are positioned to get at least 24 inches knee space at the closet point between two seats.

The following is exerpted from the preamble to FMVSS 222 published in the Federal Register of January 27, 1976.

"Section 103(d) of the National Traffic and Motor Vehicle Safety Act provides in part:

(d) Whenever a Federal motor vehicle safety standard is in effect, no State or political subdivision of a State shall have any authority either to establish or continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

It is the opinion of the NHTSA that any State requirement relating to seat spacing, other than one identical to the Federal requirement for maximum spacing of 20 inches from the SRP, is preempted under @@ 103(d), 15 U.S.C. 1392 (d)."

Based on this discussion it is our understanding that states are preempted from adopting any school bus seat spacing specification which differs in any way from the requirements of FMVSS 222; i.e. a maximum of 20 inches from the SRP.

Is this understanding correct? If so, we believe it would be helpful if the NHTSA published a bulletin to this effect to the states. This would prevent the adoption of specifications by the states which conflict with FMVSS 222.

Please be assured there is considerable current activity in this area by the states and a solution to this dilemma is urgently needed.

Your early reply will be greatly appreciated.

Thank you.

W. G. Milby Manager, Engineering Services

ID: 003418drn

Mr. Matthew Sausaman
Director of Engineering
Turtle Top
67819 State Road 15
New Paris, IN 46553

Dear Mr. Sausaman:

This responds to your letter asking about the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 221, School Bus Body Joint Strength (49 CFR 571.221), to "multifunction school activity buses" (MFSAB) that your company plans to manufacture. You currently manufacture buses for commercial and transit applications. You state that "the construction of our vehicle includes no seams in the passenger area; hence we are having trouble determining test applicability."

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not approve new motor vehicles or motor vehicle equipment. Each manufacturer is responsible for determining its vehicles compliance with all applicable FMVSSs and to certify that the vehicles meet all applicable FMVSSs.

On July 31, 2003, NHTSA published its final rule creating the MFSAB as a school bus category (68 FEDREG 44892, copy enclosed). The final rule takes effect on September 2, 2003, but manufacturers have the option of complying with the new rule as of July 31, 2003. MFSABs are school buses. Since FMVSS No. 221 applies to school buses, the standard applies to MFSABs.

In past interpretation letters, NHTSA has stated that the terms that establish the applicability of the requirements of FMVSS No. 221 to a particular section of a school bus body are defined in S5, Requirements (March 17, 1977, letter to Mr. Edmund C. Burnett). That section states:

S5.1 Except as provided in S5.2, each body panel joint, including small, curved, and complex joints, when tested in accordance with the procedure of S6, shall hold the body panel to the member to which it is joined when subjected to a force of 60 percent of the tensile strength of the weakest joined body panel determined pursuant to S6.2.

The terms "body panel" and "body panel joint" are defined at S4 of FMVSS No. 221. "Body panel" means a body component used on the exterior or interior surface to enclose the bus occupant space. "Body panel joint" means the area of contact or close proximity between the edges of a body panel and another body component, including but not limited to floor panels, and body panels made of composite materials such as plastic or plywood.

S4 and S5.1 together specify that if the edge of a surface body component (body panel) that encloses occupant space comes into contact with or is in close proximity to any other body panel or body component, the requirements of S5.1 apply, unless the body panel joint is excluded in S5.2.

You write that your vehicle "includes no seams in the passenger area." Very little information about the construction of the bus was provided. If your bus consisted of a single, seamless, body component and had no body panel joint whatsoever, there would be no body panel joint subject to FMVSS No. 221. However, this appears unlikely, since the specifications you enclosed of your component body construction refers to the welding of the roof to the sidewall frames, the rear body panel to the sidewall and floor frame, and the bonding of the exterior rear panel to the rear frame. That is to say, it appears that your vehicle could have an area of contact or close proximity between the edges of a body panel and another body component. If you identify a particular joint to us, we might be able to interpret whether the standard applies.

Please contact Dorothy Nakama of my staff at this address or at (202) 366-2992 if you have any questions.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:221
d:8/12/03

ID: Dynasty_002301

Mr. Cam Dowall
Dynasty Electric Car Corp.
591 Chester Road
Delta, BC V3M 6G7
Canada

Dear Mr. Dowall:

This responds to your letter and phone conversation with Mr. Chris Calamita of my staff regarding your companys intention to import a "low speed vehicle" (LSV) into the United States. Your letter requested approval from the National Highway Traffic Safety Administration (NHTSA) to sell an LSV that is based on the body and platform of a full speed production vehicle. As explained below, NHTSA does not approve motor vehicles or motor vehicle equipment. However, the vehicle you described can be imported as an LSV so long as it complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 500, Low speed vehicles, and all other applicable Federal regulations.

By way of background, NHTSA has authority to prescribe safety standards applicable to new motor vehicles and new items of motor vehicle equipment (49 U.S.C. Chapter 301). Under this authority, NHTSA defined the types of vehicles that can be certified as LSVs and established FMVSS No. 500 to ensure that LSVs are equipped with appropriate motor vehicle equipment for the purposes of safety. However, NHTSA does not approve or certify any motor vehicle or item of motor vehicle equipment. Instead, 49 U.S.C. 30115 establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs.

In your letter, you explained that Dynasty Electric Car Corp. (Dynasty) plans to import into the United States a vehicle that would consist of a Russian full speed production vehicle (the OKA) equipped with an electric motor and controller in place of the gasoline engine and drive train for which the vehicle was originally designed. You further stated that Dynasty intends to sell this vehicle in the United States as an LSV and that the new vehicle will meet all current FMVSS No. 500 requirements.

FMVSS No. 500 and the associated LSV definition were established to accommodate a new category of small motor vehicles. The agency defines an LSV as a 4-wheeled motor vehicle, other than a truck, whose attainable speed in 1.6 kilometers (km) (1 mile) is more than 32 km per hour (20 miles per hour) and not more than 40 km per hour (25 mph) on a paved level surface (49 CFR 571.3(b)). The definition relies on the maximum speed capability of 40 km per hour as a characteristic representative of the small vehicles that gave rise to the associated standards.

We note that the purpose of FMVSS No. 500 is not to accommodate speed-governed motor vehicles which otherwise might be capable of meeting the Federal motor vehicle safety standards. In response to an inquiry regarding use of a speed-governing device on a Land Rover, the agency stated that, "there are no circumstances under which the addition of a speed governing device to a high-speed vehicle would make the vehicle meet the definition of low-speed vehicle" (June 2000 letter to Mr. Thomas Dahl; copy enclosed).

However, you stated that your company is not governing the speed capabilities of a full speed production vehicle. The vehicles you are intending to import would be limited to a maximum speed capability of 40 km per hour with the use of Dynasty supplied electric motors and controllers. This is within the scope of the LSV definition. Therefore, if the vehicles were to comply with FMVSS No. 500 and all other applicable Federal standards, then it could be imported into the United States.

We also note that NHTSA has published a notice of proposed rulemaking that would amend the LSV definition by including a maximum vehicle weight (68 FR 68319; December 8, 2003). If you have any further questions, please contact Mr. Calamita at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:500#571
d.5/12/04

ID: nht89-2.84

TYPE: INTERPRETATION-NHTSA

DATE: AUGUST 28, 1989

FROM: DENNIS D. FURR

TO: DIANE STEED -- ADMINISTRATOR, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 4-2-90 TO DENNIS D. FURR FROM STEPHEN P. WOOD, NHTSA; A35; STD. 222; HIGHWAY SAFETY PROGRAM GUIDELINE 17

TEXT:

The following is to serve as a petition to the National Highway Traffic Safety Administration, and in regards to Federal Motor Vehicle Safety Standard 222, S4.1, and its lack of enforcement on the school bus manufacturers by the National Highway Traffic Safety Administration for new school buses as a condition of sale.

The following is also to serve as a petition to the National Highway Traffic Safety Administration, and in regards to Highway Safety Program Standard 17, (3) Vehicle Operation, (6) d, Seating, which directs the States to use the passive restraint system/ bench seat by a seating position that is less than the 15 inch seating position required in Standard 222, S4.1 as directed by the National Motor Vehicle Safety Act.

If this is not the correct format, and or procedure, please advise me of the correct format, and or procedure.

The reason for this petition stems from the fact that school bus manufacturers are rating some, but not all school buses for 150 percent of the designed capacity of the passive restraint system/bench seat, and in doing so has nullified the safety feature s of the passive restraint system, and by their rating of the school bus has placed one third of the school buses rated capacity outside of the head, and leg impact zones of the passive restraint system.

The rating of some, but not all school buses for 150 percent of the designed capacity of the passive restraint system/bench seat by the school bus manufacturers has also encouraged the States/school districts to order school buses from the manufacturers that are not in compliance to the Federal Standards for the passive restraint system as a condition of sale when following Safety Standard 222, S4.1, and the National Motor Vehicle Safety Act, a violation of the National Motor Vehicle Safety Act for the States/school districts.

Understanding that in order for the occupant to be protected by the protective compartment of the passive restraint system, the occupant must be seated inside of the impact zones of the head, and legs, and the rated capacity of the school bus has to be a reflection of the designed capacity of the passive restraint system/bench seat.

In considering this petition two things has been kept in mind.

The first is the Standard for the passive restraint system is the minimum specifications.

The second is Section 103 (d) of the National Traffic and Motor Vehicle

Safety Act (15 U.S.C. : 1392 (f);

Safety Standard 222, S4.1; "The number of seating positions considered to be in a bench seat is expressed by the Symbol "W" and calculated as the bench width in inches divided by 15 and rounded to the nearest whole number."

National Traffic and Motor Vehicle Safety Act, Section 103 (d); "Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, no State or political subdivision of a state shall have any authority either to establish, or to continu e in effect, with respect to any motor vehicle or item of motor vehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Standard. Nothing in this secti on shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable standard."

The school buses that are rated at 150 percent of the designed capacity of the passive restraint system/bench seat is those school buses equipped with bench seats that when divided by the figure 15 in S4.1, ends in a decimal of point five or more, and is carried to the next whole number.

As an example, the 39 inch bench seat is being rated for 3 passengers, but when following S4.1, and the National Traffic Motor Vehicle Safety Act, the 39 inch bench seat is designed for only 2 passengers.

By the school bus manufacturers rating the 39 inch bench seat for 3 passengers, this gives each passenger a 13 inch seating position.

The number of seating positions in S4.1 is considered by the figure 15, and not by the figure 13.

It is quite true that the figure "15" in S4.1, FMVSS 222 is not defined as a seating width, minimum or otherwise.

It is my understanding that the specifications in FMVSS 222 is minimum specifications by direction of the National Motor Vehicle Safety Act, and following the instructions in S4.1, there should not be any doubt what the figure "15" is.

"The number of seating positions considered to be in a bench seat is expressed by the Symbol "W".

The symbol "W" is the product of division, and the answer to the two part formula.

"And calculated as the bench width in inches."

The bench width in inches is the first part of a two part formula, and is a variable.

"Divided by 15" is the instructions to divide, and the figure "15" is the second part to the two part formula, and is the only known fact.

Since the purpose of the formula is to find the number of "seating positions", it is obvious that the only known fact which is the figure "15" has to be the width of "a" seating position.

"And rounded to the nearest whole number" is additional instructions to ensure that any seating position less than 15 inches is not included in the product of the formula.

It is common practice to carry any decimal 5 tenths and over to the next whole number.

However the instructions in S4.1 says "and rounded to the nearest whole number.", and for the 39 inch bench seat, I understand that to mean 2, understanding that any decimal is not a whole number.

Also understanding that S4.1 does not say rounded to the "next" whole number, which would have included the decimal.

To be sure that a decimal part of the figure "15" can not be rounded to the "next" whole number as a condition of sale, you only have to understand the National Traffic and Motor Vehicle Safety Act, Section 103 (d);

"Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, no State or political subdivision of a sate shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor v ehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Safety Standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable standard ."

Understanding the decimal part in the product of the formula is not identical to the figure "15: in S4.1, and can not be considered as "a" seating position, but is currently being counted as a whole seating position when rating some, but not all of the p assive restraint systems as a condition of sale by the school bus manufacturers.

Again, the purpose of the formula is to find the number of "seating positions", and the figure "15" is the specification in S4.1 The number of seating positions is a variable, dependent upon the length of the individual passive restraint system/bench sea t, and is not a specification.

As a result, the number of seating positions in a bench seat as a condition of sale must reflect the number of 15 inch seating position, or the number of seating positions that is greater than the 15 inch seating position that

is in the individual bench seat, and the rated capacity of the school bus must reflect that number.

I have been told the use of the figure "15" in the FMVSS 222 formula results in a minimum seating position width of 12.67 inches (for a 38 inch wide seat.), and for a 39 inch wide seat, the single position width is 13 inches, which is slightly larger tha n the hip width of a 5th percentile adult female.

(Refer to your letter to Congressman Wolpe, dated February 23, 1989.)

In order to get the figure "15" in S4.1 to produce a minimum seating position of 13 inches in a 39 inch bench seat you would have to divide the 39 inch bench seat by 15, round the 2.6 to the next whole number to get 3. Then divide the 39 inch bench seat again by the 3 to get the 13 inch seating position.

I do not see that formula in S4.1, and do not understand the provisions in the National Motor Vehicle Safety Act to permit the NHTSA, or the school bus manufacturers to reword S4.1 to obtain the exceeded number of seating positions in a bench seat for ra ting the school bus as a condition of sale.

Understanding that the NHTSA can exceed the number of designed seating positions in the 39 inch bench seat for testing, (their use), and can provide their own formula for doing so.

However, as a condition of sale, FMVSS 222, S4.1, and the National Motor Vehicle Safety Act has to be followed.

For the NHTSA to permit the school bus manufacturers to rate the school bus by the NHTSA's formula for testing the bench seat, and as a condition of sale, is a deliberate distortion of FMVSS 222. S4.1, and the National Motor Vehicle Safety Act.

By the manufacturers of the passive restraint system borrowing the 3 to the 39 inch bench seat that the NHTSA has used for testing, the manufacturers have not followed, or complied by FMVSS 222, S4.1 as a condition of sale.

I have also been told that the 13 inch seating position in the 39 inch bench seat is consistent with HSPG 17 which provides that seating positions shall be at least large enough for a 5th percentile female.

HSPG means Highway Safety Program Guideline, and its recommendations is to the states for operating their school buses, and is not enforceable by the NHTSA because it is only a guideline, recommended, and directed to the States, and is not a Safety Stand ard that the manufacturers have to comply to.

FMVSS means Federal Motor Vehicle Safety Standard, and is requirements for the school bus manufacturers to follow, and be in compliance with, before the school bus can be sold to the public, and is enforceable by the NHTSA.

If anything is to be consistent, Highway Safety Program Guideline 17 should be consistent with Safety Standard 222, S4.1, and not vice versa.

Any seating position less than the 15 inch seating position in Federal Motor Vehicle Safety Standard 222, S4.1 is pre-empted under the provisions of the National Motor Vehicle Safety Act.

The NHTSA has in an elective guideline given directions to the States to use a seating position that is less than required in the enforceable FMVSS 222 when following the National Motor Vehicle Safety Act when the National Motor Vehicle Safety Act clearl y states;

Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, (no State or political subdivision of a state) shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Standard.

Understanding if a State did elect HSPG 17 either by law, or history of use by the 13 inch seating position by the school districts, the States/school districts has established a safety standard that is not identical to the applicable Federal Standard, a violation of the National Motor Vehicle Safety Act.

Also understanding that if a State requested a school bus manufacturer to deliver a school bus with a rated capacity based on the 13 inch seating position, and the school bus manufacturer complied to the State, the school bus manufacturer has not complie d to the applicable Standard as a condition of sale.

To understand that only a seating position greater than, or equal to the 15 inch seating position can be specified either as a states specification, recommended in another Safety Standard, or used for rating a new school bus you only have to follow the s ame logic in the Preamble to Amendment to Motor Vehicle Safety Standard 222, Docket No. 73-3; Notice 6.

You can also see that the seating position of the 5th percentile adult female in HSPG 17 is a contradiction to the NHTSA's own opinion for the requirements of a states specification.

Understanding that the seating position of the 5th percentile adult female does not meet, or exceed the requirements in FMVSS 222, S4.1.

The Physicians for Automotive Safety (PAS), requested that the seat back height be raised from the 20 inch level specified by Safety Standard 222 to a 24 inch level. While PAS's request was denied, the National Highway Traffic Safety Administration gave this opinion, in part;

"Standard No. 222 specifies a minimum seat back height (S5.1.2) which manufacturers many exceed as long as their product conforms to all other requirements of the standards applicable to school buses. It is the National Highway Traffic Safety Administra tion's opinion that any State standard of general applicability concerning seat back height of school

bus seating would also have to specify a minimum height identical to the Federal requirement.

Following this same logic for the minimum seating position, the National Highway Traffic Safety Administration's opinion "would have read".

Standard No. 222 specifies a minimum seating position (S4.1) which manufacturers may exceed as long as their product conforms to all other requirements of the standards applicable to school buses. It is the National Highway Traffic Safety Administration 's opinion that any State standard of general applicability concerning a seating position width of school bus seating would also have to specify a minimum seating position identical to the Federal requirement.

In consideration of the above, I respectfully request the National Highway Traffic Safety Administration to amend Highway Safety Program Standard 17, (3) Vehicle Operation, (6) d, Seating, to reflect the 15 inch seating position as required in Federal Mo tor Vehicle Safety Standard 222, S4.1, and as directed in the National Motor Vehicle Safety Act.

I also respectfully request the National Highway Traffic Safety Administration to require the school bus manufacturers to rate their school buses by the actual number of 15 inch seating positions in the individual passive restraint system/bench seat that is on the school bus as a condition of sale, and as required in Federal Motor Vehicle Safety Standard 222, S4.1, and as directed in the National Motor Vehicle Safety Act.

I also respectfully request the National Highway Traffic Safety Administration to provide me with the formula that was developed that provided the pounds of force/inch-pounds of energy in Motor Vehicle Safety Standard 222 that is indicated by the Symbol "W" being the force of 700W pounds in S5.1.3.2, the 350W pounds in S5.1.3.3, the 4,000W inch-pounds in S5.1.3.4, the 2,200 pounds of force in S5.1.4 (a), the 50 pounds of force in S5.1.4, (b), and the 2,800W inch pounds in S5.1.4.1.

Since there is a relationship between the symbol "W" and the pounds of force, and or the inch pounds of energy applied to the passive restraint system in testing, what percentile is the pounds of force/inch pounds designed to protect?

I would also like to know the source of the data for the percentiles listed in S7.1.3 in Motor Vehicle Safety Standard No. 208.

ID: 11082-2

Mr. Robert J. Ponticelli
President
American International Pacific Industries Corp.
1040 Avenida Acaso
Camarillo, CA 93012

Dear Mr. Ponticelli:

This responds to your letter asking about how the National Highway Traffic Safety Administration's (NHTSA's) regulations apply to your product. You described your product as an aftermarket anti-theft device that is installed between the steering wheel and the steering shaft. The device is activated by "a key switch" and causes the steering wheel to become freewheeling, thus preventing actual steering of the vehicle. In an August 29, 1995 meeting with NHTSA staff, you demonstrated this device and stated that you also have plans to market it to vehicle manufacturers as original equipment. For the original equipment version of the device, you plan to incorporate a starter interrupt that will prevent the vehicle from starting while the device is in the freewheeling mode. You also requested information on how our regulations apply to regulated parties such as new car dealers and aftermarket service businesses. I will respond to your questions below.

First, I will give you some background information. NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. The FMVSSs are contained in title 49, part 571 of the Code of Federal Regulations.

NHTSA does not have any specific regulations covering an item of motor vehicle equipment such as your anti- theft device. However, since the steering wheel, steering column, and the area in front of the driver are among the most closely regulated parts of a vehicle, your device could affect a vehicle's compliance with several safety standards.

Because the purpose of your device is to prevent vehicle theft, I will first discuss FMVSS No. 114, the safety standard that deals with theft protection. The pertinent part of Standard No. 114 requires most vehicles to "have a key-locking system which, whenever the key is removed, prevents: (a) [t]he normal activation of the vehicle's engine or motor; and (b) [e]ither steering or forward self-mobility of the vehicle or both." Most motor vehicle manufacturers have chosen to comply with this requirement by installing a steering lock. Because a device that causes the steering wheel to become freewheeling prevents actual steering, or maneuvering of the vehicle, it could also be used to meet this requirement. However, to be used as a basis for certification with FMVSS No. 114, the device would have to be activated by removal of the key that controls engine activation.

In addition to possibly being used as a means of complying with FMVSS No. 114, your device could alternatively be operated by a separate key and installed in addition to a steering lock, assuming that it did not affect compliance of the vehicle with that or other safety standards. However, you should evaluate whether the device might pose a safety hazard if used without your planned starter interrupt. A driver who doesn't know (or forgets) about your device could start the vehicle in motion without realizing that the turning of the wheel is not affecting the vehicle.

Other standards that you should be concerned about include FMVSS Nos. 203 (impact protection for the driver from the steering control system), 204 (steering control rearward displacement), and 208 (occupant crash protection). As our engineers explained in our meeting, even small changes to the steering column can affect vehicle compliance with these standards.

Turning to the second part of your question, which legal requirements apply depends on how your product is marketed. If your product is installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with your device installed complies with all applicable FMVSS's, including Standard Nos. 114, 203, 204, and 208. If the device is added to a previously certified new motor vehicle prior to its first sale, e.g. by a new car dealer, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your device is installed on a used vehicle by a commercial business, such as an aftermarket service business or new car dealer, that business would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners installed your device in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." It outlines other laws and regulations that you should be aware of. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:114 d:9/19/95

ID: nht94-5.21

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Donald F. Lett -- Lett Electronics Company

TITLE: None

ATTACHMT: Attached To Letter Dated 1/19/94 From Donald F. Lett To Department Of Transportation (OCC-9590)

TEXT: Dear Mr. Lett:

This responds to your letter to me in which you asked whether any "pre-necessary authorization" is needed for molding white sidewalls onto existing passenger car tires. We assume "pre-necessary authorization" means this agency's prior approval or permission to modify the tires in the manner you propose.

You explained in your letter that you intend to modify existing radial passenger car blackwall tires by grinding a recess into one sidewall between 1/8 and 3/16 inches deep by 2 1/2 inches wide, then vulcanizing white rubber into that recess to transform a "D.O.T. approved radial blackwall tire" into a white sidewall tire. You would then market those tires, as modified, for classic cars of the 1955-1960 era.

By way of background, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381, et seq. (Safety Act), gives the National Highway Traffic Safety Administration (NHTSA) the authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Tires are considered motor vehicle equipment.

The Safety Act establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs in effect on the date of manufacture. Because of this self-certification system, neither NHTSA nor the Department of Transportation (DOT) approves, endorses, certifies, or gives assurances of compliance of any product. Rather, NHTSA enforces its standards by testing products in accordance with the test procedures set forth in applicable FMVSSs. If the product meets the requirements of the standard, no further action is taken. If the product fails to comply, the manufacturer must notify the purchasers of the product and remedy the noncompliance without charge to the purchaser(s). Failure to

2

comply with any FMVSS can also result in civil penalties of up to $ 1,000 per violation, up to a maximum of $ 800,000 for a series of related violations.

We assume from your letter that you propose to modify new radial passenger car tires. Whether the process you described is permissible depends on whether it adversely affects the tire's compliance with FMVSS No. 109, New Pneumatic Tires (copy enclosed). This standard specifies the performance requirements applicable to passenger car tires, which include tubeless tire resistance to bead unseating, tire strength, tire endurance, and high speed performance.

It does not appear that radial tires can be modified as you propose and still meet the requirements of Standard 109. The average radial tire sidewall is approximately 3/16 inch thick at the shoulder, gradually increasing to approximately 1/2 inch where the sidewall meets the bead. The radial sidewall is unsupported by cords, belts, or other material contributing to the strength of that sidewall. To achieve a 2 1/2 inch whitewall, at least some of the whitewall would extend into the tire shoulder. Therefore, cutting into a radial tire sidewall at the shoulder to a depth of 3/16 inch would cut through the sidewall. Cutting into the sidewall at the shoulder to a depth of 1/8 inch would leave approximately 1/16 inch of rubber on the shoulder of the tire. That would, obviously, have the effect of destroying the tire.

Section 108(a)(1)(A) of the Safety Act, 15 U.S.C. @ 1397 (a)(1)(A), prohibits any person from manufacturing or selling any new item of equipment that does not conform to all applicable FMVSSs. A new noncomplying tire that is sold to a retail customer would constitute a violation of @ 108(a)(1)(A), and is subject to the recall and civil penalties described above. In addition, @ 108(a)(2)(A) of the Safety Act, 15 U.S.C. @ 1397(a)(2)(A), prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any safety device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Accordingly, modifying previously-complying tires by removing them from compliance with the strength requirements of FMVSS 109 could violate @ 108(a)(2)(A), again subjecting the violator to the civil penalties described above.

Standard No. 109 also requires that certain information be molded into or onto the sidewalls of tires in certain specified locations and that the letters "DOT" appear on each tire sidewall to indicate the manufacturer's certification that the tire complies with all applicable FMVSSs. In addition, the Uniform Tire Quality Grading Standards (UTQGS), 49 CFR Part 575.104, provides that the ratings required by that section

3

will be molded onto or into the sidewalls of tires. Therefore, if the modification you propose obliterates or removes any of the required labeling, that could violate FMVSS 109 and the UTQGS, again subjecting the violator to penalties.

In addition to the safety implications of grinding and filling recesses in tires, we also note that the suspension systems of older motor vehicles may not be compatible with radial tires. The handling and stability of those vehicles could be adversely affected by mounting radial tires on them, or by the mixing radial and bias ply tires, without appropriate modifications to their suspension systems.

Finally, I note that you used the term "previously D.O.T. approved" tire in your letter. As explained above, NHTSA does not use that term because neither NHTSA nor the Department of Transportation "approves" tires or any other motor vehicle product. We assume that by using that expression you mean that the tires you select for modification contain the "DOT" code that signify the manufacturer's, not NHTSA's, certification. Nevertheless, since the meaning of the term is unclear and might be misleading to consumers, we ask that you not use that term in any of your promotional materials.

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

Sincerely,

Enclosure

ID: nht95-6.48

TYPE: INTERPRETATION-NHTSA

DATE: September 19, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert J. Ponticelli -- President, American International Pacific Industries Corp.

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT J. PONTICELLI TO JOHN WOMACK (OCC 11082)

TEXT: Dear Mr. Ponticelli:

This responds to your letter asking about how the National Highway Traffic Safety Administration's (NHTSA's) regulations apply to your product. You described your product as an aftermarket anti-theft device that is installed between the steering wheel and the steering shaft. The device is activated by "a key switch" and causes the steering wheel to become freewheeling, thus preventing actual steering of the vehicle. In an August 29, 1995 meeting with NHTSA staff, you demonstrated this device and stated that you also have plans to market it to vehicle manufacturers as original equipment. For the original equipment version of the device, you plan to incorporate a starter interrupt that will prevent the vehicle from starting while the device is in the freewheeling mode. You also requested information on how our regulations apply to regulated parties such as new car dealers and aftermarket service businesses. I will respond to your questions below.

First, I will give you some background information. NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. The FMVSSs are contained in title 49, part 571 of the Code of Federal Regulations.

NHTSA does not have any specific regulations covering an item of motor vehicle equipment such as your anti-theft device. However, since the steering wheel, steering column, and the area in front of the driver are among the most closely regulated parts of a vehicle, your device could affect a vehicle's compliance with several safety standards.

Because the purpose of your device is to prevent vehicle theft, I will first discuss FMVSS No. 114, the safety standard that deals with theft protection. The pertinent part of Standard No. 114 requires most vehicles to "have a key-locking system which, whenever the key is removed, prevents: (a) the normal activation of the vehicle's engine or motor; and (b) either steering or forward self-mobility of the vehicle or both." Most motor vehicle manufacturers have chosen to comply with this requirement by installing a steering lock. Because a device that causes the steering wheel to become freewheeling prevents actual steering, or maneuvering of the vehicle, it could also be used to meet this requirement. However, to be used as a basis for certification with FMVSS No. 114, the device would have to be activated by removal of the key that controls engine activation.

In addition to possibly being used as a means of complying with FMVSS No. 114, your device could alternatively be operated by a separate key and installed in addition to a steering lock, assuming that it did not affect compliance of the vehicle with that or other safety standards. However, you should evaluate whether the device might pose a safety hazard if used without your planned starter interrupt. A driver who doesn't know (or forgets) about your device could start the vehicle in motion without realizing that the turning of the wheel is not affecting the vehicle.

Other standards that you should be concerned about include FMVSS Nos. 203 (impact protection for the driver from the steering control system), 204 (steering control rearward displacement), and 208 (occupant crash protection). As our engineers explained in our meeting, even small changes to the steering column can affect vehicle compliance with these standards.

Turning to the second part of your question, which legal requirements apply depends on how your product is marketed. If your product is installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with your device installed complies with all applicable FMVSS's, including Standard Nos. 114, 203, 204, and 208. If the device is added to a previously certified new motor vehicle prior to its first sale, e.g. by a new car dealer, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your device is installed on a used vehicle by a commercial business, such as an aftermarket service business or new car dealer, that business would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles.

Thus, Federal law would not apply in situations where individual vehicle owners installed your device in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." It outlines other laws and regulations that you should be aware of. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.

ID: nht95-4.26

TYPE: INTERPRETATION-NHTSA

DATE: September 19, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert J. Ponticelli -- President, American International Pacific Industries Corp.

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT J. PONTICELLI TO JOHN WOMACK (OCC 11082)

TEXT: Dear Mr. Ponticelli:

This responds to your letter asking about how the National Highway Traffic Safety Administration's (NHTSA's) regulations apply to your product. You described your product as an aftermarket anti-theft device that is installed between the steering wheel a nd the steering shaft. The device is activated by "a key switch" and causes the steering wheel to become freewheeling, thus preventing actual steering of the vehicle. In an August 29, 1995 meeting with NHTSA staff, you demonstrated this device and stat ed that you also have plans to market it to vehicle manufacturers as original equipment. For the original equipment version of the device, you plan to incorporate a starter interrupt that will prevent the vehicle from starting while the device is in the freewheeling mode. You also requested information on how our regulations apply to regulated parties such as new car dealers and aftermarket service businesses. I will respond to your questions below.

First, I will give you some background information. NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. The FMVSSs are contained in title 49, part 571 of the Code of Federal Regulations.

NHTSA does not have any specific regulations covering an item of motor vehicle equipment such as your anti-theft device. However, since the steering wheel, steering column, and the area in front of the driver are among the most closely regulated parts o f a vehicle, your device could affect a vehicle's compliance with several safety standards.

Because the purpose of your device is to prevent vehicle theft, I will first discuss FMVSS No. 114, the safety standard that deals with theft protection. The pertinent part of Standard No. 114 requires most vehicles to "have a key-locking system which, w henever the key is removed, prevents: (a) the normal activation of the vehicle's engine or motor; and (b) either steering or forward self-mobility of the vehicle or both." Most motor vehicle manufacturers have chosen to comply with this requirement by in stalling a steering lock. Because a device that causes the steering wheel to become freewheeling prevents actual steering, or maneuvering of the vehicle, it could also be used to meet this requirement. However, to be used as a basis for certification wi th FMVSS No. 114, the device would have to be activated by removal of the key that controls engine activation.

In addition to possibly being used as a means of complying with FMVSS No. 114, your device could alternatively be operated by a separate key and installed in addition to a steering lock, assuming that it did not affect compliance of the vehicle with that or other safety standards. However, you should evaluate whether the device might pose a safety hazard if used without your planned starter interrupt. A driver who doesn't know (or forgets) about your device could start the vehicle in motion without re alizing that the turning of the wheel is not affecting the vehicle.

Other standards that you should be concerned about include FMVSS Nos. 203 (impact protection for the driver from the steering control system), 204 (steering control rearward displacement), and 208 (occupant crash protection). As our engineers explained i n our meeting, even small changes to the steering column can affect vehicle compliance with these standards.

Turning to the second part of your question, which legal requirements apply depends on how your product is marketed. If your product is installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the ve hicle with your device installed complies with all applicable FMVSS's, including Standard Nos. 114, 203, 204, and 208. If the device is added to a previously certified new motor vehicle prior to its first sale, e.g. by a new car dealer, the person who m odifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your device is installed on a used vehicle by a commercial business, such as an aftermarket service business or new car dealer, that business would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violatio n.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles.

Thus, Federal law would not apply in situations where individual vehicle owners installed your device in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult St ate regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." It outlines other laws and regulations that you should be aware of. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.