ID: nht93-4.8

DATE: May 21, 1993

FROM: Carl W. Vogt -- Chairman, National Transportation Safety Board

TO: Howard Smolkin -- Acting Administrator, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 6-11-93 from Howard M. Smolkin to Laura J. Platter (A41; Part 571)

TEXT: Enclosed is correspondence received from Honorable Barbara Mikulski on behalf of Mrs. Laura J. Platter regarding the classification of minivans.

We have advised Senator Mikulski that her correspondence would be forwarded to you for your review.

Thank you for your time and attention.

May 11, 1993

Mr. Brent Bahler Office of Congressional and Intergovernmental Affairs 490 L'Enfant Plaza East, S.W. 6th Floor Washington, DC 20594

Dear Mr. Bahler:

Because of the desire of this office to be responsive to all inquiries and communications, your consideration of the attached correspondence from Laura J. Platter is requested. Please respond directly to Ms. Platter and send a copy to Chip Paucek of my staff.

Thank you for your assistance.

Sincerely,

Barbara A. Mikulski United States Senator

BAM:cjp

Enclosure

6662 Mohawk Court Columbia, MD 21046

January 29, 1993

Dear Senator Mikulski:

In reference to minivans: rather than impose a tariff on imported minivans, I think all such vehicles should be reclassified as passenger vehicles so that they come under the same safety regulations as passenger cars. We have driven vans since 1970, and we continue to be angry at Congress for catering to the auto manufacturers, and at the manufacturers for using the "truck" classification to get away with providing less in the way of safety features for their passengers. This is becoming even more of a potential scandal as more and more young families use minivans.

Please take the lead in moving to classify minivans as passenger cars. And please don't let us get into the vicious circle of punitive tariffs. Times are changing, and industry has to make painful changes too.

Sincerely,

Laura J. Platter (Mrs. John Platter)

ID: nht69-2.11

DATE: 02/07/69

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Messrs. Tanaka and Walders

TITLE: FMVSR INTERPRETATION

TEXT: In response to your letter of September 19, I attach an interpretation of the applicability of the National Traffic and Motor Vehicle Safety Act of 1966 to the Heads Mini-Trail and other similar vehicles ("mini-bikes"), which has been prepared for publication in the Federal Register.

This interpretation reiterates the opinion rendered American Honda Motor Co. Inc. on August 8 that mini-bikes are motor vehicles subject to the Act, must comply with applicable Federal Motor Vehicle Safety Standards, and must bear an appropriate certification of compliance.

Publication of this interpretations will insure that the Federal requirements will be understood equally by all manufacturers of mini-bikes, domestic and foreign.

ID: aiam4158

Dear Mr. Williams: This is in reply to your letter asking about regulations applicable t the 'new lights that are now being seen on the trunk lids, and the rear windows of new automobiles'.; The specific legal name for this light is 'center high-mounted sto lamp.' It was optional for use as original equipment on passenger cars manufactured between August 1, 1984 and September 1, 1985. It has been mandatory original equipment since them. The Federal regulation that requires it is Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment* issued by the National Highway Traffic Safety Administration of the Department of Transportation. This standard specifies color, minimum illuminated lens area, mode of operation, etc. for original equipment, and for equipment intended to replace that original equipment. The standard does not cover center high-mounted stop lamps intended for use on cars that never had them, and a manufacturer of such aftermarket motor vehicle equipment is subject only to State laws on their design, installation, and use. We encourage aftermarket manufacturers to follow the Federal standard so that the full potential of the lamp may be realized. This means that the lamp should be steady- burning rather than pulsating, and that the lens not have logos, trademarks, or other markings on it to interrupt the transmission of light from the lamp. The standard does not specify the shape of the lamp but virtually all to date have been rectangular (photos of the 1984 Cadillac Allante show a circular one), and some have exceeded the minimum requirement of a lens area of at least 4 1/2 square inches.; Noting your interest as a prospective manufacturer of these devices, enclose a copy of Standard No. 108. Sections 4.1.1.41 (page 218), Section 4.3.1.8 (page 227) and Table III (page 256) provide the relevant requirements for center high-mounted stoplamps. Should you proceed to manufacture aftermarket lamps, you would be subject to the agency's notification and remedy procedures should a safety related defect occur in them. Otherwise, you would appear to be subject only to State laws.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam5520

"Dear Mr. Warlick: This responds to your fax asking about the meanin of 'designated seating position' for purposes of the Federal motor vehicle safety standards. You noted that the RVIA Handbook, dated April 23, 1991, states that 'it is the NHTSA's position that, as a minimum, there must be as many designated seating positions as there are sleeping accommodations.' You asked whether this statement is still in effect, and, if so, where you can find it in the Code of Federal Regulations. You also asked what defined area makes up one sleeping position. This will confirm that it continues to be NHTSA's position that, as a minimum, there must be as many designated seating positions as there are sleeping accommodations. This position is based on the definition of 'designated seating position,' which is set forth at 49 CFR 571.3. Under that definition, the question of whether a position in a vehicle constitutes a designated seating position is dependent in part on whether the position 'is likely to be used as a seating position while the vehicle is in motion.' If a manufacturer designs a vehicle to sleep a particular number of persons, e.g., six persons, it is logical to assume that those six persons will ride in the vehicle to their sleeping destination. Therefore, there must be at least six designated seating positions in the vehicle. A more complete discussion of this issue is presented on p. 23234 of the enclosed Federal Register notice (Final rule amending the definition of 'designated seating position,' April 19, 1979). We do not have a definition of what area makes up one sleeping position. NHTSA would consider all available information to determine the number of sleeping positions in a vehicle. This would include the size of the sleeping accommodations, e.g., whether an area is large enough to accommodate more than one person, and advertising by the manufacturer and dealers. I hope this information is helpful. If you have further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992. Sincerely, Philip R. Recht Acting Chief Counsel Enclosure";

ID: aiam2363

Dear Mr. Mathieson: this responds to Thomas Built Buses' June 4, 1976, question whether th requirements in S5.1.3 and S5.1.4 of Standard No. 222, *School Bus Seating and Crash Protection*, to 'Apply additional force...through the...loading bar until (a specified number) of inch-pounds of energy has been absorbed in deflecting the seat back...' can be satisfied in part by the energy that is returned to the load bar as it is withdrawn from the seat back. You also ask if there are minimum or maximum time limits on withdrawal of the loading bar from the seat surface.; The requirement for the absorption of a minimum amount of energy i deflecting the seat back in the forward and rearward directions is calculated to provide adequate measurement of the energy involved in the impact between the bus occupants and the seating in a percentage of school bus crashes. The agency calculated the amount of energy to be consumed by the seat back that would result in adequate protection. The specification requires the seat to 'absorb' (i.e., receive without recoil) a specific amount of energy. This value is represented by the amount of energy that is not returned to the loading bar as it is withdrawn. Described graphically, the area that represents returned energy under the seat back force/deflection curve must be subtracted from the entire area that lies under the curve in order to calculate the energy 'absorbed' by the seat back.; With regard to your second question, no time limits have bee established for withdrawal of the loading bar. The agency intends to utilize a withdrawal time that is not more than five minutes so that creep will not be a significant factor in determining energy absorption. Because the time is not specified, the manufacturer is free to use any reasonable time that does not significantly affect the elastic and plastic components of the seat back loading.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam5613

Dear Mr. Moore: This responds to your letter of July 31, 1995, wit respect to lens area requirements of amber turn signal lenses. You believe that 'by reducing the minimal area of the Amber Turn Signal light lens from 12 square inches to approximately 8 square inches or 6 square inches the U.S. would have more practical rules for U.S. Exports at no expense to Safety. You ask that, 'If NHTSA's Legal Council feels this error should be corrected through the Petitioning Process, I ask that this writing be considered a `Petition for Change of FMVSS; "108 Request''. Standard No. 108 contains two relevant regulations, on applicable to vehicles whose overall width is less than 80 inches, and one to those whose overall width is 80 inches or more. Under paragraph S5.1.1.26(a), the functional lighted lens area of a single turn signal lamp of either red or amber on a vehicle whose overall width is less than 80 inches shall be not less than 50 square centimeters. This is approximately 8 square inches. Therefore, no rulemaking is required to implement your recommendation. The standard that applies to turn signal lamps on vehicles whose overall width is 80 inches or more is SAE Standard J1395 APR85, incorporated by reference in Standard No. 108. Under its paragraph 5.3.2, the functional lighted lens area of a single turn signal lamp shall be at least 75 square centimeters, or approximately 12 square inches. Therefore, rulemaking is required to implement your recommendation. We are transmitting your letter to our Office of Safety Performance Standards for consideration as a petition for rulemaking to change the minimum lens area requirement for turn signal lamps on large vehicles from 75 to 50 square centimeters. On September 4, 1995, I determined that your letter met our procedural requirements for a petition. Accordingly, the Office of Safety Performance Standards will inform you not later than January 1, 1996, whether your petition has been granted. If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263). Sincerely, John Womack Acting Chief Counsel";

ID: aiam0233

Dear Mr. Haaversen: Thank you for your letter of March 9, 1970, to the National Highwa Safety Bureau, concerning our Federal motor vehicle tire standards.; The only tire standard promulgated to date is Federal Motor Vehicl Safety Standard No. 109, 'New Pneumatic Tires-Passenger Cars' which was effective January 1, 1968. This standard specifies minimum performance for size, strength, endurance, high speed laboratory testing and labeling. For your information, I have enclosed a copy of Standard No. 109 and No. 110 with amendments.; The replies to your specific questions are as follows: >>>1. *Question:* New American made tires have DOT load ranges, loa capacity and inflation pressures molded into the sidewall. Is this required (that they be *permanently* marked), or is it sufficient to affix a temporary marking (such as a sticker) with this same information?; *Response:* Section S4.3 states that this information shall b permanently molded into or onto all new passenger car tires manufactured after August 1, 1968. If the tire was manufactured between January 1, 1968 and July 31, 1968 the labeling requirements may be met by use of a label or tag.; 2. *Question:* How is load capacity information arrived at? Is it b manufacturer certification, government conducted tests, or some other method?; *Response:* The load/inflation schedule is calculated by use o empirical formulas and coordinated through the various Tire and Rim Associations as well as the Society of Automotive Engineers.; 3. *Question:* Is it necessary that these tires be subject to safet tests? These particular tires are already imported by another organization and may already have passed the necessary tests, if any.; *Response:* The application of the 'DOT' recital to a tire, is the tir manufacturers self certification that his tire conforms to all the minimum performance standards of Federal Motor Vehicle Safety Standard No. 109.<<<; I have also enclosed for your review and information the followin data:; >>>1. U.S. Customs Regulations for Importation of Motor Vehicles an Items of Motor Vehicle Equipment.; 2. Automobiles Imported Into the United States.<<< Sincerely, Rodolfo A. Diaz, Acting Associate Director, Motor Vehicl Programs;

ID: aiam1084

Dear Mr. Feldmann: Thank you for your letter of March 23, 1973, concerning Federal Moto Vehicle Safety Standard No. 215, Exterior Protection.; Your first concern is the fact that bumpers which comply with Standar No. 215 still permit damage to occur to the vehicle during low- speed impacts. This situation occurs because Standard No. 215, which initially became effective on September 1, 1972, was developed in accordance with the National Traffic and Motor Vehicle Safety Act of 1966. This Act provided the authority to develop standards to improve vehicle safety during collisions, not solely to reduce property damage. The authority to develop bumper standards primarily to reduce property damage, the Motor Vehicle Information and Cost Savings Act, became law on October 20, 1972. As the result of this new Act, we are in the process of developing standards which limit automobile damage in low-speed bumper impacts.; Secondly, you cite the mismatch problems that continue to exist amon passenger car bumpers. Commencing with 1974 model cars, Standard No. 215 specifies requirements directed at correcting the mismatch problems that cause damage to safety-related components during low-speed, car-to-car collisions. It establishes a uniform interfacing surface among all cars that reduces the likelihood of override, underride, and interlock, all of which are quite prevalent with existing bumper designs.; Thirdly, you express concern over the numerous collisions involvin damage to corners of vehicles. Standard No. 215 also specifies requirements for 1974 model cars that will provide improved corner protection. A copy of the standard is enclosed for your use.; Lastly, you indicate the availability of inexpensive energy absorbin devices that could be used to manage the low-speed crash forces. We are aware of these and other devices of this type, however, as you will note, Standard No. 215 specifies minimum performance only without specifying the equipment or configuration to be used. We feel that this approach encourages competitive innovation and promotes technological progress to achieve the desired performance at minimum cost to the consumer.; We appreciate receiving your comments and your interest in improvin motor vehicle safety.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: nht93-1.32

DATE: 02/11/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: FRANK E. TIMMONS -- RUBBER MANUFACTURERS ASSOCIATION

COPYEE: UNDER SECRETARY -- KUWAIT MINISTRY OF COMMERCE

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-2-92 FROM FRANK E. TIMMONS TO PAUL JACKSON RICE (OCC 8088); ALSO ATTACHED TO LETTER DATED 11-13-92 FROM PAUL JACKSON RICE TO UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY; ALSO ATTACHED TO LETTER (DATE ILLEGIBLE) FROM UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY, TO PAUL J. RICE

TEXT: This responds to your letter about our November 1992 letter to the Under Secretary, Kuwait Ministry of Commerce. In that letter, NHTSA discussed Federal requirements for tires sold in the United States for passenger cars and other "motor vehicles." You wish to ensure that the Under Secretary understands that the term "motor vehicles" only refers to vehicles "manufactured primarily for use on highways."

We are glad to clarify the meaning of the term "motor vehicle." "Motor vehicle" is defined in @ 102(3) of the National Traffic and Motor Vehicle Safety Act as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." (Emphasis added.) Thus, a motor vehicle is a vehicle that the manufacturer expects will use public highways as part of its intended function.

This agency has issued many interpretations of what is and what is not a "motor vehicle." In general, vehicles that are equipped with tracks or are otherwise incapable of highway travel are not motor vehicles. Likewise, vehicles that are designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles even if operationally capable of highway travel. They manufacturer knew that a substantial proportion of its customers actually would use them on the highway.

Vehicles that use the public highways on a necessary and recurring basis are considered motor vehicles. Furthermore, even if the majority of a vehicle's use will be off-road but it will spend a substantial amount of time on-road, this agency has interpreted that to be a motor vehicle.

We appreciate your interest in this matter and will provide the Under Secretary with a copy of this letter. Please contact us if we can be of further assistance.

ID: 09-001270as