ID: nht81-1.13

DATE: 02/11/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Toyoda Gosei Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Katsuhiko Yokoi Assistant Manager - Tech. Dept. Toyoda Gosei Co., Ltd. 1, Nagahata, Ochiai, Haruhi-mura Nishikasugai-gun Aichi-pref., 452 JAPAN

Dear Mr. Yokoi:

The answers to the questions in your letter of January 20, 1982, are "yes" to both questions.

1. The "adjacent layers" referenced in Federal Motor Vehicle Safety Standard (FMVSS) No. 106, paragraphs S7.3.7, are (a) the inner tube and braided layer and (b) the braided layer and outer tube.

2. The adhesion requirements are met if both the tensile strengths measured between (a) the inner tube and braided layer and (b) that between the braided layer and the outer cover are equal to or greater than 8 lbs/inch as determined using the FMVSS No. 106 procedure. It should be noted that the 8 lbs/inch value is an absolute minimum value as indicated in paragraph S8.6.4(a) standard.

A copy of FMVSS No. 106 is included for your information.

Sincerely,

Vernon G. Bloom Safety Standards Engineer

Enclosure FMVSS No. 106

ID: 24365-2.rbm

Ms. Kimberly Boucher
Spartan Motor Chassis, Inc.
1165 Reynolds Road
Charlotte, MI 48813

Dear Ms. Boucher:

This responds to your letter asking whether fire trucks are required to have side door locks that meet the requirements of Federal motor vehicle safety standard No. 206, Door locks and door retention components (FMVSS No. 206). Your question is addressed below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers a statute requiring that motor vehicles manufactured for sale in the United States or imported into the United States be manufactured so as to reduce the likelihood of motor vehicle crashes and of deaths and injuries when crashes do occur. We refer to that statute as the Vehicle Safety Act. It is codified at 49 U.S.C. 30101, et seq.

One of the agencys functions under the Vehicle Safety Act is to issue and enforce Federal motor vehicle safety standards. These standards specify safety performance requirements for motor vehicles and/or items of motor vehicle equipment. FMVSS No. 206, which generally regulates door latches, hinges and locks, applies to passenger cars, multipurpose passenger vehicles, and trucks.

In your letter, you requested NHTSA to make a determination that a fire truck is an incomplete truck rather than a multi-passenger vehicle. You also asked whether it is permissible to have the Society of Automotive Engineers (SAE) assign a unique vehicle identifier for an incomplete truck,^[1] and whether such an identifier would exempt the vehicle from the side door lock requirements of FMVSS No. 206. In a follow-up conversation with a member of my staff, you clarified that your concern was whether the incomplete vehicles manufactured by your company are trucks or multipurpose passenger vehicles, not whether the vehicle was incomplete or finally manufactured.

NHTSA defines vehicle types according to their particular attributes in 49 CFR 571.3. A multipurpose passenger vehicle is defined as a "motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." A truck is defined as a "motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

The Vehicle Safety Act places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. NHTSA does not approve or endorse any vehicle classifications before the manufacturer itself has classified a particular vehicle. NHTSA may examine the appropriateness of the manufacturer's classification in the context of an enforcement action.

While we can provide opinions about vehicle classification, you do not provide sufficient information in your letter to offer a specific opinion. I note, however, that we would generally expect vehicles commonly referred to as fire trucks to be considered trucks under our regulations, since they are designed primarily for the transportation of firefighting equipment. It is possible that a vehicle operated by a fire department that is designed primarily to transport passengers rather than specialized equipment could be characterized as a multi-purpose vehicle.

As to your question regarding the requirements for side door locks on trucks, I note that the response depends on what type of door the truck is equipped with. FMVSS No. 206 applies to all doors other than folding doors, roll-up doors, doors designed to be easily attached to or detached from the vehicle, and doors equipped with a wheelchair lift that is attached to an alarm system. These doors are excluded from the standard pursuant to S4(c). Additionally, FMVSS No. 206 only regulates the components on side doors that do not fit into one of these excluded categories if the doors lead directly into a compartment that contains one or more seating accommodations (see S4(a)). The standard also specifies requirements for back doors (S4.4). However, these requirements only apply to passenger cars and multipurpose passenger vehicles.

FMVSS No. 206 requires categories of side doors to meet differing requirements depending on where the door is located and how it is attached to the vehicle. The requirements for hinged side doors other than cargo doors are found in S4.1, while the requirements for cargo doors are found in S4.2. Sliding side doors are addressed by S4.3. Of these categories of side doors, only hinged side doors are required to have door locks.

Under S4.1.3, door locks, all hinged side doors covered by the standard must be equipped with a locking mechanism that can be operated from the interior of the vehicle. Additionally, S4.1.3.1, side front door locks, requires all side front doors to have a lock that prevents the door from being opened from the outside of the vehicle when the door lock is engaged.

S4.1.3.2, side rear door locks, requires side rear doors that when the locking mechanism is engaged both the outside and inside door handles or other latch release mechanisms be inoperative. However, S4.1.3.2 does not apply to trucks; it only applies to passenger cars and multipurpose passenger vehicles. Thus, if the vehicle in question is a truck, it does not need to meet this particular requirement.

I note that under S4.4.2, door locks, each back door system covered by the standard that is equipped with interior door handles, or that leads directly into a compartment with one or more seating accommodations must have a locking mechanism that can be operated from both the inside and the outside of the vehicle. Additionally, when the locking mechanism is engaged, both the inside and outside door handles must be inoperative. However, as noted earlier, FMVSS No. 206's requirements for back doors apply only to passenger cars and multipurpose passenger vehicles and not to trucks.

As a final note, our records indicate that your company already has a vehicle identifier for trucks. Accordingly, there is no need to request the SAE to come up with a unique identifier for any fire trucks that you manufacture.

Should you require any additional information or assistance, please contact Rebecca MacPherson, of my staff, (202) 366-2992 or at the address given above.

ref:206

d.8/2/02

^[1] The first 3-6 characters (depending on the size of the vehicle manufacturer) of a vehicle's vehicle identification number (VIN) are assigned by the SAE and identify the vehicle manufacturer and type. For more detailed information on VINs, please refer to 49 CFR 565.

ID: 4-15-02 Meier ltr

Mr. Norbert Meier
WIRA Fahrzeug-und Maschinenteile GmbH
Alte Papiermuehle Haemmern 8
D-51688 Wipperfuerth
Bundesrepublik Deutschland

Dear Mr. Meier:

This responds to your e-mail about marking requirements for air brake end fittings in Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses (49 CFR 571.106).

You explain that your company manufactures compression and push-in end fittings for air brake systems used on commercial vehicles. You indicate that a major truck builder has asked your company to mark the end fittings in accordance with FMVSS No. 106. You ask how you would go about receiving approval to mark your company's products with the "DOT" symbol. You also note that your company does not produce tubing or hoses, just end fittings, and you indicate that the assembly of the fittings with the tubes/hoses is done by the truck or trailer builder.

At the outset, I would like to make clear that the United States does not use a certification process similar to that used by the European countries, in which a manufacturer delivers its products to be certified to a governmental entity, and that entity tests the products to determine if they comply with the applicable standards. Instead, in the United States, the individual manufacturer of the products is responsible for assuring and certifying that its products meet all applicable U.S. safety standards. After the manufacturer has made the necessary certifications, the products may be sold to the public without any "approvals" or "endorsements" from this agency.

Marking requirements for end fittings are set forth in 49 CFR 571.106, paragraph S7.2.2 (subparagraphs (a) through (d)), copy enclosed. All end fittings, except those that are permanently attached to the hose by crimping or swaging, must be marked. Because the end fittings your company manufactures are not permanently attached, FMVSS No. 106 requires that they be "etched, embossed, or stamped in block capital letters and numerals at least one-sixteenth of an inch high" as described in the following paragraphs.

First, each end fitting must be marked with the symbol "DOT," indicating that the fitting has been certified to meet all applicable FMVSS. (See S7.2.2(a).) Second, the end fitting must be marked with a designation identifying your company as the manufacturer of the fitting ("manufacturer's designation.)" (See S7.2.2(b).) The process for filing a manufacturer's designation with the National Highway Traffic Safety Administration (NHTSA) is discussed in greater detail below. Third, each end fitting must be marked with the letter "A" to indicate that it is intended to be used in air brake systems. In addition, if the fitting is intended to be used in a reusable assembly with brake hose specified in Table III of paragraph S7.1 of FMVSS No. 106, then the letter "A" must be followed by a Roman numeral indicating the hose's type (for example, "AI" signifies Type I air brake hose). (See S7.2.2(c).)

Fourth, if the end fitting is intended for use with air brake hose, it must be marked to indicate the nominal inside diameter of the hose, expressed in inches, fractions of inches, or millimeters. If, on the other hand, the fitting is intended for use with plastic air brake tubing, it must be marked to indicate the nominal outside diameter of the tubing, expressed in inches, fractions of inches, or millimeters, followed by the letters "OD." If the nominal inside/outside diameter is expressed in millimeters, the number representing the size must be followed by the designation "mm." (See S7.2.2(d).)

Prior to marking your products to certify compliance with FMVSS No. 106, you must file a manufacturer's designation with this agency at the following address: Office of Vehicle Safety Compliance, Equipment and Imports Division (NSA-32), National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. The designation is intended to identify the manufacturer of the end fittings in the event a safety-related defect or noncompliance is determined to exist. There is no standard form for manufacturers to register their designation. Designations may consist of letters, numerals, or a symbol, or any combination of these. If your chosen designation has not been selected previously by another manufacturer, it will be accepted and recorded by NHTSA.

For your information, we also note two procedural requirements that apply to manufacturers headquartered outside the United States. The first is 49 CFR Part 566, Manufacturer Identification (copy enclosed). This regulation requires your company to submit its name, address, and a brief description of the items of equipment it manufactures to the agency within 30 days after it first imports its products into the United States. 49 CFR 566.5, Requirements. This information should also be sent to the Office of Vehicle Safety Compliance at the address listed above.

The second requirement is 49 CFR Part 551, Procedural Rules (copy enclosed). Subpart D of this regulation requires all manufacturers headquartered outside the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders, and decisions. This designation should be mailed to the Office of the Chief Counsel, General Law Division, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590 and must include the following information:

1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business, and mailing address of the manufacturer;
3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and
6. The full legal name and address of the designated agent.

In closing, we note that the agency has been petitioned to update FMVSS No. 106, including the requirements for end fittings. NHTSA granted the petition and is now evaluating the issues raised therein. If you are interested in reviewing a copy of this petition, you may access it at the following web address: http://dms.dot.gov/search/document.cfm?documentid=46189&docketid=4367

I hope this information is helpful. In addition to the above, I am also enclosing a manufacturer's information sheet. If you have any questions, please contact Robert Knop of this office at (202) 366-2992.

Sincerely,
Jacqueline Glassman
Chief Counsel
Enclosures
ref:106
d.5/13/02

ID: costa24725

Mr. Larry J. Costa
55613 Currant Rd.
Mishawaka, IN 46545

Dear Mr. Costa:

This responds to your letter in which you ask that we provide a response to the following four questions:

1. Would broken safety tempered glass fragments being larger than the FMVSS 571.205 size limit that are caused by the annealing of soldering on safety tempered glass, be a violation of Federal Motor Vehicle Safety Statutes?
2. What would be the applicable statutes defining the violation, its remedies and penalties?
3. Who would be responsible for the violation of these Federal Motor Vehicle Safety Statutes on new vehicles?
4. Who would be responsible for the violation of these Federal Motor Vehicle Safety Statutes on vehicles being repaired?

Your questions are addressed below.

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.

Pursuant to NHTSA=s authority, the agency has established FMVSS No. 205, Glazing Materials (49 CFR 571.205), which specifies performance requirements for

various types of glazing (called Aitems@), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference the commercial standard American National Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways - Standard ANSI Z26.1-1977 (ANSI Z26.1-1977) as supplemented by Z26.1a-1980 (hereinafter referred to as "ANS Z26").

In ANS Z26, Section 5.7 "Fracture, Test No. 7" limits the size of inDIVidual glass fragments that form as a result of impact to a glazing surface and requires that no inDIVidual glass fragment weigh more than 4.25 g (0.15 oz.). This current test does not require that its procedure be conducted with the electrical terminals attached to the glazing materials conductors and soldered by processes that represent the manufacturers production and rework processes. Therefore, glazing which complies with the fragment size requirement of Test No. 7 prior to any soldering processes is presently compliant with this particular aspect of the FMVSS No. 205.

NHTSA published a Notice of Proposed Rulemaking (NPRM) on August 4, 1999 (64 FR 42330), to amend FMVSS No. 205 so that it incorporates by reference the October 1996 version of ANS Z26, the industry standard on motor vehicle glazing. Currently, the Federal standard incorporates the 1977 version. Section 5.7 "Fracture, Test 7" of the October 1996 version requires that no inDIVidual glass fragment weigh more than 4.25 g (0.15 oz.) as in the current ANS Z26. However, it further requires that specimens: 1) be selected from a range of glazing that a manufacturer produces or plans to produce; and 2) be of the most difficult part or pattern designation within the model number. Further, in selecting the specimens, thickness, color and conductors must be considered. Therefore, should we incorporate the 1996 version as proposed, manufacturers would be required to certify that glazing materials with conductors that may have localized annealing from a heating/cooling process would not produce any inDIVidual glass fragment weighing more than 4.25 g (0.15 oz.) in a fracture test. A final decision on that rulemaking is expected soon.

49 U.S.C. ' 30112 (copy enclosed) (formerly ' 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act ^[1]) provides that no person shall Amanufacture for sale, sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States@ any item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell any glazing material for use in motor vehicles unless the products comply with applicable requirements of Standard No. 205. Further, it would be a violation of Federal law for any person to manufacture or sell a motor vehicle whose glazing does not comply with the performance and location requirements of Standard No. 205.

In addition, 49 U.S.C. '30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly Amake inoperative@ any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Glazing material could only be installed by the aforementioned entities if it meets the performance and location requirements of FMVSS No. 205.

A person that violates any of the aforementioned requirements is liable for a civil penalty of not more than $5,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections.

Manufacturers of motor vehicle equipment are also subject to the requirements of 49 U.S.C. ''30118-30120, which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. This responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.

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 this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:205
d.11/26/02





---




^[1] Our statute, formerly the National Traffic and Motor Vehicle Safety Act, was recodified in 1994 without substantive change. It is now codified at Title 49 of the U.S. Code in Chapter 301, Motor Vehicle Safety.)

ID: 1984-1.40

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Margaret Moore Oba -- Hino Motors (U.S.A.) Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

MS. Margaret Moore Oba Hino Motors (U.S.A.) Inc. 200 Park Avenue, Suite 4116-12 New York, New York 10166

This responds to your March 12, 1984 letter regarding the applicability of Federal Motor Vehicle Safety Standards to motor vehicles imported into Guam.

Under sections 102(8), 102(9), and 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1391(8), 1391(9), and 1397(a)(1)(A), motor vehicles introduced into commerce in Guam are subject to Federal Motor Vehicles Safety Standards. In general, the standards apply to the same extent to vehicles imported into Guam as to those imported into the continental U.S. However, as you note in your letter, FMVSS 103 (windshield defrosting and defogging systems) does not apply outside the continental U.S., as specified in section 3 of that standard. See 49 CFR 571.103. Other standards such as FMVSS 124, which do not limit their applicability to specific geographic areas, apply fully in Guam. Therefore, vehicles imported into Guam must have an accelerator control system which returns the throttle to idle over a temperature range of -40 degrees F. to +125 degrees F.

Original signed by Frank Berndt

March 12, 1984

Dear Mr. Berndt:

1) Re: Applicability of F.M.V.S.S. in Guam

We, Hino Motors, are a heavy duty diesel truck manufacturer, and are interested in importing Class 6 and 7 trucks to Guam and Saipan. We would appreciate if you would be so kind as to clarify the jurisdiction of the Federal Motor Vehicle Safety Standards (F.M.V.S.S.) in Guam. We are aware that the F.M.V.S.S. were made applicable to Saipan in 1978, and that dispensation from certain standards had been granted until October of 1981. We would like to know if the F.M.V.S.S. are applicable to Guam as well, and also, if there are any similar exceptions due to local conditions.

2) Re: F.M.V.S.S. 124

We would also like to receive clarification of the applicability of F.M.V.S.S. 124, regarding acceleration control systems. F.M.V.S.S. 103, Windshield Defrosting and Defogging Systems, is limited in its applicability to the fifty states of the United States. Is F.M.V.S.S. 124, which stipulates that the throttle be able to return to idle despite extreme temperatures ranging from -40oF to +125oF, applicable only to the continental U.S., or does it also apply to Hawaii and territories like Guam and Saipan?

We would greatly appreciate your prompt response to our inquiries. Thank you very much for your kind cooperation.

Original Signed by Margaret Moore Oba

cc: Mr. S. Ikoma, Tech. Div. Tokyo

ID: 1981y

AIR MAIL

Mr. Carlos Chavez R. General Manager Frenos Hidraulicos Automotrices, S.A. (FHASA/Wagner) Apartado Postal 404 Centro C.P. 06000, Mexico, D.F. San Juan Ixhuatepec, Edo. de Mexico

Dear Mr. Chavez:

This responds to your letter requesting information on a DOT "registration" to enable you to sell your products in this country. You state that you manufacture brake fluid, hydraulic brake rubber cups and boots, brake hose and flashers. I regret the delay in responding.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal standards for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake fluid, brake hose, and automotive lamps) sold in or imported into this country. These standards are issued under the National Traffic and Motor Vehicle Safety Act (copy enclosed), which establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.)

The Federal Motor Vehicle Safety Standards (FMVSS's) that would apply to the products you list are FMVSS No. 106, Brake Hoses, FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment, and FMVSS No. 116, Motor Vehicle Brake Fluids. These standards are found in Title 49 of the Code of Federal Regulations Part 571. (Please note that the October 1988 revision of 49 CFR inadvertently omitted Standard No. 116's requirements in paragraphs S5.2.2.2(a) through (g), and S5.2.2.3(a) through (e), with which a packager still must comply. These paragraphs are reprinted at the end of the 1988 revision of 49 CFR 571.116.)

Your products must meet all applicable requirements of these FMVSS's, and be free from safety-related defects, to be sold in or imported into this country. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation.

We aren't sure what you mean by the DOT "registration," but we believe you are referring to one of several procedural requirements you must satisfy in order to sell your products in this country. The first is 49 CFR Part 566, Manufacturer Identification. This rule requires manufacturers of equipment to which an FMVSS applies ("covered equipment"--e.g., brake fluid and hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States.

Second, 49 CFR Part 55l, Procedural Rules (Subpart D) requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information:

l. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States Corporation; and,

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

Third, Standard No. 106 (Brake hoses) requires brake hose manufacturers to label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in identifying the manufacturers of noncomplying or defective brake hoses. You would file the designation in writing with NHTSA's Office of Vehicle Safety Standards, Crash Avoidance Division, 400 Seventh St., S.W., Washington, D.C., 20590.

I hope this information is helpful. I have also enclosed an information sheet describing how you can obtain copies of NHTSA's standards and regulations. Please contact us if you have further questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:106#566 d:8/l7/89

ID: nht89-2.72

TYPE: INTERPRETATION-NHTSA

DATE: 08/17/89

FROM: STEPHEN P. WOOD -- NHTSA

TO: CARLOS CHAVEZ R. -- GENERAL MANAGER FRENOS HIDRAULICOS AUTOMOTRICES, S.A. (FHASA/WAGNER)

TITLE: NONE

ATTACHMT: LETTER DATED 04/04/89 FROM CARLOS CHAVEZ R -- FHASA WAGNER TO NHTSA

TEXT: Dear Mr. Chavez:

This responds to your letter requesting information on a DOT "registration" to enable you to sell your products in this country. You state that you manufacture brake fluid, hydraulic brake rubber cups and boots, brake hose and flashers. I regret the de lay in responding.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal standards for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake fluid, brake hose, and automot ive lamps) sold in or imported into this country. These standards are issued under the National Traffic and Motor Vehicle Safety Act (copy enclosed), which establishes a "self-certification" process under which each manufacturer is responsible for certi fying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' re sponsibilities under the Safety Act is enclosed.)

The Federal Motor Vehicle Safety Standards (FMVSS's) that would apply to the products you list are FMVSS No. 106, Brake Hoses, FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment, and FMVSS No. 116, Motor Vehicle Brake Fluids. These standa rds are found in Title 49 of the Code of Federal Regulations Part 571. (Please note that the October 1988 revision of 49 CFR inadvertently omitted Standard No. 116's requirements in paragraphs S5.2.2.2(a) through (g), and S5.2.2.3(a) through (e), with w hich a packager still must comply. These paragraphs are reprinted at the end of the 1988 revision of 49 CFR @ 571.116.)

Your products must meet all applicable requirements of these FMVSS's, and be free from safety-related defects, to be sold in or imported into this

2

country. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle ma nufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject t o a civil penalty of up to $ 1,000 per violation.

We aren't sure what you mean by the DOT "registration," but we believe you are referring to one of several procedural requirements you must satisfy in order to sell your products in this country. The first is 49 CFR Part 566, Manufacturer Identification . This rule requires manufacturers of equipment to which an FMVSS applies ("covered equipment" -- e.g., brake fluid and hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after i t first imports its products into the United States.

Second, 49 CFR Part 551, Procedural Rules (Subpart D) requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information:

1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States Corporation; and,

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

Third, Standard No. 106 (Brake hoses) requires brake hose manufacturers to label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in ide ntifying the manufacturers of noncomplying or defective brake hoses. You would file the designation in

3

writing with NHTSA's Office of Vehicle Safety Standards, Crash Avoidance Division, 400 Seventh St., S.W., Washington, D.C., 20590.

I hope this information is helpful. I have also enclosed an information sheet describing how you can obtain copies of NHTSA's standards and regulations. Please contact us if you have further questions.

Sincerely,

ENCLOSURES

ID: 10666

Mr. Stuart Sacks
Tradepro, Inc.
7350 N.W. 35th Street
Miami, FL 33122

Dear Mr. Sacks:

This responds to your letter to Mr. Philip Recht, our former Chief Counsel, in which you stated that you are considering importing tires from the Hangzhou General Rubber Factory, which has been assigned NHTSA manufacturer identification number 7D. You stated that the tires do not display the "molded D.O.T. code numbers," and that Federal motor vehicle safety standard (FMVSS) No. 119, New pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119), "clearly does not require [DOT code numbers] for non- passenger tires." Your reading of FMVSS No. 119 is not correct.

I assume from your letter that you are considering importing only non-passenger car tires. This letter, then, will address only the labeling requirements for non-passenger car tires under FMVSS No. 119 and 49 CFR 574. I further assume that by "DOT code numbers" you mean the tire identification number (TIN) required by 49 CFR 574.5.

49 U.S. Code '30112 provides that no person may sell in or import into the United States any new motor vehicle or new item of motor vehicle equipment that does not comply with all applicable FMVSSs. With respect to non-passenger car tires, which are items of motor vehicle equipment, section S6.5 of FMVSS No. 119 requires specific items of information to be marked on the tire sidewalls. Those markings must be no less than 0.078 inch high and must be "raised above or sunk below the tire surface" a specified distance. Among other things, the markings must include the TIN (S6.5(b)).

Paragraph S6.5(b) of FMVSS No. 119 requires the TIN to comply with part 574. Part 574.5 requires that the TIN be permanently molded into or onto tire sidewalls as specified in Figure 1 of Part 574, and specifies what information the TIN must contain. The TIN can be branded into or onto the sidewalls of retreaded tires after the fact, but not new tires. On new tires, the TIN must be molded into or onto the tire sidewalls by the original manufacturer.

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

Sincerely,

John Womack Acting Chief Counsel

Ref:119#574 d:5/25/95

ID: nht95-2.96

TYPE: INTERPRETATION-NHTSA

DATE: May 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Stuart Sacks -- Tradepro, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 1/25/95 LETTER FROM STUART SACKS TO PHILIP R. RECHT

TEXT: Dear Mr. Sacks:

This responds to your letter to Mr. Philip Recht, our former Chief Counsel, in which you stated that you are considering importing tires from the Hangzhou General Rubber Factory, which has been assigned NHTSA manufacturer identification number 7D. You s tated that the tires do not display the "molded D.O.T. code numbers," and that Federal motor vehicle safety standard (FMVSS) No. 119, New Pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119), "clearly does not require [DOT code n umbers] for non-passenger tires." Your reading of FMVSS No. 119 is not correct.

I assume from your letter that you are considering importing only non-passenger car tires. This letter, then, will address only the labeling requirements for non-passenger car tires under FMVSS No. 119 and 49 CFR 574. I further assume that by "DOT code numbers" you mean the tire identification number (TIN) required by 49 CFR 574.5.

49 U.S. Code @ 30112 provides that no person may sell in or import into the United States any new motor vehicle or new item of motor vehicle equipment that does not comply with all applicable FMVSSs. With respect to non-passenger car tires, which are it ems of motor vehicle equipment, section S6.5 of FMVSS No. 119 requires specific items of information to be marked on the tire sidewalls. Those markings must be no less than 0.078 inch high and must be "raised above or sunk below the tire surface" a speci fied distance. Among other things, the markings must include the TIN (S6.5(b)).

Paragraph S6.5(b) of FMVSS No. 119 requires the TIN to comply with part 574. Part 574.5 requires that the TIN be permanently molded into or onto tire sidewalls as specified in Figure 1 of Part 574, and specifies what information the TIN must contain. Th e TIN can be branded into or onto the sidewalls of retreaded tires after the fact, but not new tires. On new tires, the TIN must be molded into or onto the tire sidewalls by the original manufacturer.

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

ID: 1984-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 04/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mazda (North America) Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. Nakaya Branch Manager Mazda (North America), Inc. Suite 462 23777 Greenfield Road Southfield, Michigan 48075

Dear Mr. Nakaya:

This responds to your letter of January 20, 1984, requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked whether Mazda may modify the display of shift lever positions for vehicles equipped with automatic transmissions to delete the gear lever indicator. As explained below, FMVSS No. 102 does not permit the deletion of the gear position indicator.

You should be aware that the National Highway Traffic Safety Administration (NHTSA) does not pass approval on the compliance of any vehicle or equipment with a safety standard before the actual events that underlie certification. Under the Vehicle Safety Act, it is the manufacturer's responsibility to determine whether its vehicles and equipment comply with all applicable safety standards and regulations, and to certify its products in accordance with that determination. Therefore, the following statements only represent the agency's opinion based on the information provided in your letter.

Your letter states that Mazda automobiles with automatic transmissions currently display the gear lever sequence and identify the shift lever position of the automobile. Based on the information in your letter, the agency understands that you propose to modify the display in such a way that "the actual gear selection would not be indicated (as is the case of current manual transmissions)." The pattern of the gear positions would be embossed either on the instrument panel or on the shift lever handle.

Paragraph S3.2 of Federal Motor Vehicle Safety Standard No. 102 states that the "identification of shift lever positions of automatic transmissions...shall be permanently displayed in view of the driver." Emphasis added. 49 CFR S571.102. NHTSA interprets "position" to mean the position of the gears in relation to each other and the position that the driver has selected at the time of selection. Therefore, the display of a gear lever sequence and a gear position indicator is required for automobiles equipped with automatic transmissions.

You should note that FMVSS No. 101, Controls and Displays, also applies to the display of automatic gear positions. Paragraph S5 of the standard requires that, inter alia, each passenger car, multipurpose passenger vehicle, truck or bus less than 10,000 pounds GVWR with any display listed in S5.1 or in column 1 of Table 2 of the standard shall meet the requirements for the location, identification, and illumination of such display. Since "gear position" is listed under S5.1, and "Automatic Gear Position" is listed under Table 2, the requirements of FMVSS No. 101 apply to the display of shift lever positions in vehicles equipped with automatic transmissions.

Sincerely,

Frank Berndt Chief Counsel

January 20, 1984

Mr. Frank Berndt Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

RE: Interpretation of FMVSS 102 - Transmission Shift Lever Sequence, Starter Interlock and Transmission Braking Effect.

Dear Mr. Berndt:

In order to provide more flexibility in interior styling, Mazda is considering modifying the display of shift lever positions for automatic transmission equipped vehicles.

Currently, the display of gear positions is used simultaneously to indicate actual gear selection (located at the base of the shift lever on the center floor console). The modification would delete the display at the shift lever base and emboss the selection positions either on the instrument panel (visible to the driver) or on the shift lever handle. The gear sequence would remain the same as currently used and as described in Section 3.1.1. The actual gear selection would not be indicated (as is the case of current annual transmissions).

Mazda assumes this modification would still conform to the criteria described in Section 3.2 of Safety Standard 102. The result would be greater freedom in the area of occupant compartment design. Please comment on this assumption and any further relevent items.

Thank you.

Sincerely,

H. Nakaya Branch Manager

HN/ab