ID: 11663.DRN

Bruce A. Zagar, Esq.
Garrett, Hemann, Robertson, Paulus
Jennings & Comstock, P.C.
1011 Commercial Street, N.E.
Salem, OR 97308-0749

Dear Mr. Zagar:

This responds to your letter asking whether a public school district may use a "currently-owned passenger van" which seats more than 10 persons to transport students for school activities.

The law administered by the National Highway Traffic Safety Administration (NHTSA) authorizes the agency to regulate the safety of new motor vehicles. The law has recently been recodified as Chapter 301 of Title 49, United States Code, but has not been substantively changed. Under 49 U.S.C. '30125, a Aschool bus@ is any vehicle which is designed to carry 11 or more persons and which is likely to be significantly used to transport students to and from school or related events. Thus, a person selling a vehicle meeting that definition must certify that it meets the safety standards applicable to school buses.

Our standards do not apply to vehicles after their sale to the first retail purchaser. If the purchaser of a 12-15 passenger van that is not certified to the school bus standards decides to use the van to transport students, neither our statute nor our standards would prevent such a use.

However, the states have authority to regulate motor vehicle use within their boundaries. Thus, although NHTSA cannot require the use of school buses to transport students, the State of Oregon may have exercised such authority. Your question about the permissibility of using conventional vans as school vehicles should be addressed to your state officials.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

cc: Mr. Al Shannon Oregon Director of Pupil Transportation Department of Education 255 Capitol St. NE Salem, OR 97310-0203 ref:571 d:5/17/96 ref:571.3

ID: 11664ANGLE

Mr. Stephen T. Long
Xportation Safety Concepts Inc. (XSCI)
4143 Sinton Road
Colorado Springs, CO 80907

Dear Mr. Long:

This responds to your letter asking about S5.1.4 of Federal Motor Vehicle Safety Standard No. 213, AChild Restraint Systems.@ That provision of the standard sets limits on the back support angle provided by a rear-facing child seat.

According to your letter, your company, XSCI, is developing a rear-facing infant seat that can be used in the front seat of vehicles equipped with passenger side air bags. You state, AWe have consistently demonstrated [Head Injury Criterion] HIC values of less than 400 in standard sled tests (30+ mph). We believe we can lower these HIC values even more if we change the angle of the cradle back support that we currently are using.@ You ask whether your understanding is correct that Athe cradle [depicted in a sketch you enclosed] can be at any angle from 0 (upright) to 70 degrees (almost horizontal) and still be within FMVSS 213 guidelines.@ Our answer is yes, your understanding of S5.1.4 is correct.

S5.1.4, Back Support Angle, states:

When a rear-facing child restraint system is tested in accordance with S6.1 [Standard 213's dynamic test], the angle between the system=s back support surface for the child and the vertical shall not exceed 70 degrees.

This means that the child restraint system=s back support surface and the vertical must not exceed 70 degrees at any time during the dynamic test of Standard 213. Your sketch indicates that you correctly understand S5.1.4's reference to the angle of A70 degrees@ formed by the back support surface and the vertical.

While your understanding of S5.1.4 is correct, a few aspects of your letter should be clarified. The first aspect was discussed with you in a March 18, 1996 telephone conversation with Deirdre Fujita of my staff. As discussed in that call, S5.1.1(b) of Standard 213 requires that a child restraint that is adjustable to different positions must remain in the same adjustment position during the dynamic test that it was in immediately before the test. (There is an exception to the requirement (S5.1.1(b)(2)), but it would not apply to a restraint such as yours.) While it appears from your sketch that the infant seat may fail to remain in the same adjustment position in the test, you informed Ms. Fujita that the seat back angle is Afixed@ on your system, and thus would not change adjustment position as depicted.

Second, when you asked about S5.1.4, you referred to the specifications of FMVSS 213 as Aguidelines.@ We emphasize that the provisions set forth in S5 of the standard are not guidelines, but are requirements that apply to all new child restraint systems. Each manufacturer of a child restraint system must certify the compliance of its product to Standard 213's requirements.

For your information, Standard 213 was amended in July 1995 to incorporate additional test dummies for use in compliance tests, along with other changes to the standard as well. Under the amendment, child restraints recommended for children with a mass of up to 10 kilograms (approximately 22 pounds) may be tested by NHTSA using test dummies representing both a newborn and a nine-month-old child. I have enclosed a copy of this July 6, 1995 rule (60 FR 35126) for your convenience.

I have also enclosed an information sheet for manufacturers of motor vehicles and motor vehicle equipment. The information sheet describes manufacturers' responsibilities under Federal law (Title 49, United States Code, Chapter 301) for manufacturing vehicles and items of equipment, such as the responsibility to ensure these products do not have any safety-related defects. Under Federal law, each manufacturer must self-certify that its product complies with all applicable safety standards. The NHTSA does not approve or endorse any products.

I hope this information is helpful. If you have any other questions, please do not hesitate to contact Ms. Fujita at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:213 d:4/30/96

ID: 11673ZTV

Mr. James Baker
Technical Services Bureau
State of New York
Department of Motor Vehicles
Division of Vehicle Safety Services
Empire State Plaza
Albany, NY 12228

Dear Mr. Baker:

This is in reply to your FAX of March 14, 1996, to Taylor Vinson of this Office. You have assumed that vehicles "that bore a federal certification statement had SAE/Dot approved lighting", and believe that you are "finding out that may not be true." Specifically, you asked whether the agency "would accept lighting that does not bear the SAE/Dot lens markings. Eg. SAE STL-79, SAE DP-81."

The answer is yes, except for original and replacement headlamps covered by paragraph S7 of Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment ). The lenses of these headlamps must be marked DOT as a certification of compliance (paragraph S7.2(a)). These are headlamps manufactured for use on vehicles other than motorcycles.

The SAE codes you quote appear to relate to motorcycle lighting equipment other than headlamps. Thus, it may be that this type of motor vehicle is of some concern to you. Standard No. 108 contains alternative specifications for motorcycle headlighting systems. If the motorcycle has a headlamp system conforming to SAE J584 April 1964, no lens marking is required. However, if the motorcycle is equipped with one half of a type of headlighting system specified in S7, as it is permitted to do pursuant to paragraph S5.1.1.23 of Standard No. 108, the marking requirements of S7.2 continue to apply.

No DOT marking is required for the lens of any other original or replacement lamp. If a manufacturer wishes to certify compliance of a replacement lamp, paragraph S5.8.10 of Standard No. 108 permits it do so by putting a DOT symbol on the lens (otherwise the manufacturer is expected to certify by a label attached to the lamp, or a statement on the container in which it is

shipped). We have never required that lenses be marked with SAE code functions, and note that even the SAE materials that cover individual types of lighting equipment do not contain a specification that lighting devices be marked in accordance with SAE Recommended Practice J759 Lighting Identification Code though many manufacturers do so.

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

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:4/4/96

ID: 11674MLV

Mr. Scott Junk
Junk Design
873 Deep Creek
Costa Mesa, CA 92626

Dear Mr. Junk:

This responds to your letter of March 8, 1996, concerning a new product called "Head Rest Travelers." Your letter explained that the product "is a lycra slipcover that fits over the existing headrest in a car to change the headrest into a stuffed character." You asked if there were any regulations that apply to this product. In particular, you expressed concern that, because the product extends three to six inches from the existing headrest it could reduce visibility.

By way of background information, the National Highway Traffic Safety Administration is authorized under 49 CFR Chapter 301 to issue Federal motor vehicle safety standards applicable to motor vehicles and new items of motor vehicle equipment. 49 CFR Section 30112 prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, Federal law establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

Your product may be affected by five safety standards: Standard No. 111, "Rearview Mirrors," Standard No. 201, "Occupant Protection in Interior Impact," Standard No. 202, "Head Restraints," Standard No. 208, "Occupant Crash Protection," and Standard No. 302, "Flammability of Interior Materials."

These five standards apply only to new vehicles, not to items of individual equipment. If your product were installed before the vehicle's first purchase for purposes other than resale, the installer would have to certify that the vehicle complied with all applicable standards, including these five, with the product installed. However, based on the information you provided, it appears that your product is intended to be an item of after-market equipment.

After a vehicle's first purchase for purposes other than resale; i.e., the first retail sale of the vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in 49 U.S.C. '30122. The provision provides:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.

Any violation of this "make inoperative" prohibition would subject the violator (a manufacturer, distributor, dealer, or repair business) to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not, however, apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your product in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. The agency, however, recommends that owners not make modifications to their vehicles which would degrade the safety performance of the vehicle, such as installing a product that degraded the field of view of a vehicle's mirror system.

Your letter also asks about "safety restrictions." In addition to the foregoing, your product would be considered "motor vehicle equipment" for purposes of federal law protecting the public against products which have safety defects. Therefore, if your product proved to contain a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, you would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge.

We also recommend that you check state regulations. Individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.

I have enclosed an information sheet for new manufacturers of motor vehicle equipment that briefly explains the responsibilities imposed on manufacturers, and tells how to get copies of the relevant laws and regulations.

I hope this information has been helpful. If you have other questions or need some additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:202 d:4/23/96

ID: 11676MLS

Ms. Cindy Morrow
Tech Service Rep
Dana Drivetrain Services Division
Dana Corporation
P.O. Box 321
Toledo, Ohio 43697-0321

Dear Ms. Morrow:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA), Office of Safety Performance Standards, asking several questions about labeling requirements in Standard No. 106, Brake hoses, for Atube and hose assemblies@ used in air brake applications. Your letter was referred to my office for reply. I apologize for the delay in the agency=s response.

Some background information about Standard 106's labeling requirements would be helpful in answering your questions. Standard 106 applies to new motor vehicles and to new brake hoses, brake hose end fittings, and brake hose assemblies manufactured for use in motor vehicles. Section S4 of the standard defines various terms that are relevant to your inquiry. Section S7.2 sets forth requirements related to the labeling of air brake hoses (S7.2.1), air brake hose end fittings (S7.2.2), and air brake hose assemblies (S7.2.3). New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to civil penalties and recall responsibilities.

Section S4 of Standard 106 defines Abrake hose@ as a Aflexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid or vacuum used to apply force to a vehicle=s brakes.@ (Emphasis added.) Please note that NHTSA=s longstanding position is that the term Aflexible@ in the definition of Abrake hose@ excludes steel tubing. (See NHTSA=s response to petitions for reconsideration, 39 FR 7425, February 26, 1974, copy enclosed.) Flexible plastic tubing is considered to be brake hose.

Section S7.2.1 specifies that AEach air brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next@ with certain information, including a designation that identifies the manufacturer and the symbol DOT. The symbol DOT constitutes a certification by the brake

hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. The requirement further states that AThe information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle.@

Section S4 defines Abrake hose end fittings@ as Aa coupler, other than a clamp, designed for attachment to the end of a brake hose.@ Section S7.2.2 specifies that AExcept for an end fitting that is attached by deformation of the fitting about a hose by crimping or swaging, at least one component of each air brake hose fitting shall be etched, embossed, or stamped@ with information that includes the symbol DOT.

Section S4 defines Abrake hose assembly@ as Aa brake hose, with or without armor, equipped with end fittings for use in a brake system, but does not include an air or vacuum assembly prepared by the owner or operator of a used vehicle, by his employee, or by a repair facility, for installation in that used vehicle.@ Section S7.2.3 specifies that AEach air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled@ by either a band around the brake hose assembly marked with certain information, or at the manufacturer=s option, by etching, stamping or embossing at least one end fitting with the manufacturer=s designation.

With this background in mind, I will now respond to your specific questions.

(1) Do tube fittings need to be stamped ADOT@?

The answer depends in part on whether the tubing to which the end fitting attaches is flexible. As noted above, NHTSA=s longstanding position is that the term Aflexible@ in the definition of Abrake hose@ excludes steel tubing or fittings for such tubing. Because there are no Federal requirements that regulate fittings for steel tubing, such fittings should not be certified with the DOT mark.

Plastic tubing is brake hose, so fittings for such hose are subject to the labeling requirements set forth in S7.2.2. Under that section, end fittings (other than those that are attached by deformation of the fitting about the hose by crimping or swaging), have to be marked with specified information, including ADOT.@ There are no labeling requirements for end fittings that are attached by crimping or swaging.

(2) Does tubing need to be marked ADOT@?

Assuming the tubing is flexible, the answer is yes, brake hose is required to be labeled with the symbol ADOT@ or cut from bulk hose that is labeled at intervals of not more than 6 inches with the symbol ADOT,@ under the requirements set forth in S7.2.1. (Note that under that section, the information need not be present on hose that is sold as part of an assembly or motor vehicle.)

(3) Do reusable (field attachable) hose ends need to be stamped ADOT@?

At least one component of a reusable (field attachable) hose end fitting is required to be stamped with the symbol DOT, and other information, under the provisions set forth in S7.2.2.

(4) Do permanently attached (crimped) ends need to be stamped ADOT@?

A crimped end fitting would not be required to be stamped with the symbol ADOT,@ under the exception set forth in S7.2.2.

(5) Does hose need to be marked ADOT?@

Our answer to Question Two should answer this question.

(6) Does an assembly of tubing with tube fittings for air brake systems need to be labeled if it is assembled by one party for resale/use by a second party?

Assuming you are referring to a brake hose assembly made up of end fittings that are attached by crimping or swaging, the assembly would have to be labeled under section S7.2.3. It can be labeled by either a band around the brake hose assembly or by etching, stamping or embossing at least one end fitting. An exception to this requirement is that a brake hose assembly sold as part of a new motor vehicle need not be so labeled.

As explained in our answer to your next question, an assembly made with reusable end fittings is not required to be labeled.

(7) Does a brake hose assembly with reusable (field attachable) ends need to be labeled if it is assembled by one party for resale/use by a second party?

Under section S7.2.3, an air brake hose assembly with reusable ends is not required to be labeled, because only those brake hose assemblies made with end fittings that are attached by crimping or swaging must be labeled. In an earlier interpretation letter to Stratoflex, Inc. dated January 15, 1987 (copy enclosed), the agency explained that

Standard No. 106 requires only that the end fittings be labeled and does not set a labeling requirement for the assemblies. These provisions were made in the standard because NHTSA believed labeling requirements for assemblies having renewable or reusable end fittings were impractical. NHTSA concluded that with reusable end fittings, the assembler=s identity could be lost or misapplied by a person reassembling the set at a later date, and the chances for confusion concerning the identity of the assembler would be great.

Even though the brake hose assembly is not required to be labeled, at least one component of each air brake hose fitting must be etched, embossed, or stamped with specified information, including the symbol DOT, under S7.2.2.

(8) Does a brake hose assembly with permanently attached (crimped) ends need to be labeled if it is assembled by one party for resale/use by a second party?

Our answer to Question Six should answer this question.

I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:106 d:4/29/96

ID: 11678.ZTV

Mr. Peter V. Colan
Vice President
SportCrafters
P.O. Box 452
Granger, IN 46530

Dear Mr. Colan:

We have received your letter of March 10, 1996, asking several questions about the relationship of your "rear- mounted receiver hitch bicycle rack" to the Federal motor vehicle safety standards.

Your product is clearly intended as aftermarket equipment, to be attached to motor vehicles in use. No safety standard applies to your device as an item of motor vehicle equipment. Therefore, the sole Federal restriction on such an item of equipment is that it must not "make inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard, if the product is added to the vehicle by a manufacturer, distributor, dealer or motor vehicle repair business. This is a statutory prohibition imposed by 49 U.S.C. 30122. Thus, if the rack prevented any rear lamp from complying with Federal photometric or visibility requirements, we would regard that as making the device inoperative within the meaning of the prohibition.

Under the law, however, the "make inoperative" prohibition does not extend to modifications made by the vehicle owner. If the rack is intended to be installed by the owner, there is no violation of a Federal law even if the installation causes a noncompliance with Federal lighting requirements. In this event, the acceptability of the rack as installed is governed by the laws of the state in which it is used. For this reason, the first four concerns you expressed are all answerable through reference to state law. We are unable to advise you on state

laws, and suggest that you contact the Department of Motor Vehicles of each state in which the equipment will be marketed and used.

If the rack is intended to be installed by a manufacturer, distributor, dealer, or motor vehicle repair business, you should take steps to ensure that the installation will not result in "making inoperative" any requirements of Standard No. 108, which is to say, in creating a noncompliance with visibility or photometric requirements. This relates to your Concerns 1b (reflectors and/or marker lamps) and 2 (taillamps) where you express an intention to supply some additional lamps and reflectors. Paragraph S5.3.1.1 of Standard No. 108 allows the installation of optional equipment that would otherwise create a noncompliance provided that auxiliary lighting or marking equipment is also installed that meets the requirements of Standard No. 108. If this is your intent, it is also relevant to any interpretation you may seek from state motor vehicle officials. There are no Federal safety standards covering your Concerns 1a (regulations on hitch or bumper-mounted accessories), and 3 (licensing or registration). With respect to your Concern 4, visibility of the license plate is also subject to state jurisdiction. However, Standard No. 108 does specify requirements for lighting of the plate which could be affected by installation of the rack. The Federal requirements are identical to those of SAE Standard J587 OCT81 (which have been incorporated by reference).

Your final concern is the "safety tests (or analytical equivalent)" which may be recommended. You have used the term "DOT-approved" equipment which reflects a common misconception that the agency approves equipment. The agency has no authority to approve or disapprove any vehicle or equipment item. A manufacturer must satisfy itself that its equipment item or vehicle complies with all applicable Federal motor vehicle safety standards, and then certify that it does so before delivering it for sale. If you wish to ensure that installation of your rack by a manufacturer, distributor, dealer, or motor vehicle repair business does not create a noncompliance with the photometric or visibility requirements of Standard No. 108 (many of which are in SAE standards incorporated by reference), you must review these requirements in light of your design.

Finally, I would like to note that the rack is an accessory to a motor vehicle, and, as such, is an item of motor vehicle equipment as defined by 49 U.S.C. 30102(a)(7)(B). Should either you or this agency determine that a defect related to motor vehicle safety exists in the rack, you (the manufacturer) will be required to notify consumers and dealers, as specified in 49 U.S.C. 30108, and remedy the safety related defect at no expense to these consumers and dealers, as specified in 49 U.S.C. 30120.

I have enclosed a copy of a paper that provides information for new manufacturers of motor vehicles and motor vehicle equipment. If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:VSA#108 d:5/9/96

ID: 11681MLS

Mr. Christian M. Smith, CEO
Ultimate Systems Inc.
131 Russell Street
Malden, MA 02148

Dear Mr. Smith:

This responds to your questions about whether Federal regulations apply to your product, which you describe as a modular cabinet installed in the cab of heavy trucks. According to your letter and discussions with Ms. Patricia Breslin of this agency, this product is kept in place by pressure systems and safety straps rated at 8000 pounds of force. You further stated that your product would not impede any safety devices or emergency exits, provided that it was installed properly. The following represents our opinion based on the facts provided in your letter.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), regulates the manufacture of motor vehicles and motor vehicle equipment. Under our governing statute, the manufacturer must certify that its vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS).

NHTSA does not have any specific Federal motor vehicle safety standard or other regulations directly covering modular compartments in truck tractors. However, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying with all applicable safety standards, including the rearward visibility requirements in Standard No. 111, Rearview Mirrors and the flammability resistance requirements in Standard No. 302, Flammability of Interior Materials. Please note that these two Standards apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product, if it were sold in the aftermarket.

There are other Federal requirements that indirectly affect the manufacture and sale of your product. Your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a statutory provision, which states: "A manufacturer, distributor, dealer, or motor vehicle repair business

may not knowingly make inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." Your modular component could conceivably make inoperative the rearward visibility requirements set forth in Standard No. 111, or the flammability resistance requirements set forth in Standard No. 302. Any person in the aforementioned categories that installed your product would have to make sure they did not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "make inoperative" provision does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any Federal motor vehicle safety standards. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. You may wish to contact the Federal Highway Administration=s Office of Chief Counsel at (202) 366-0834 about whether any Federal Motor Carrier Safety Regulation apply to your product.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:111# 302 d:4/26/96

ID: 11682.MLS

Mr. Dave Brass
Dana Weatherhead Publications Supervisor
P.O. Box 455
Toledo, OH 43697-0455

Dear Mr. Brass:

This responds to your letter asking about labeling requirements in Standard No. 106, Brake Hoses, for air brake hose assemblies. You state that you supply brake hose and brake hose end fittings that are marked pursuant to Standard No. 106. You then ask whether under '7.2.3, a distributor such as NAPA Auto Parts Stores, has to attach a band to an air brake hose assembly that it crimps within its stores.

Section 7.2 of Standard No. 106 sets forth requirements related to the labeling of air brake hoses ('7.2.1), air brake hose end fittings ('7.2.2), and air brake hose assemblies ('7.2.3). Section 7.2.3 specifies that AEach air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled@ by either (1) a band around the brake hose assembly marked with certain information, or (2) at the manufacturer=s option, by etching, stamping or embossing at least one end fitting with the manufacturer=s designation. An exception to this requirement is that a brake hose assembly sold as part of a new motor vehicle need not be so labeled.

Under your example, NAPA would be the manufacturer of the assembly. As an assembler, NAPA is required to either label the brake hose assembly with either a band around it or by etching, stamping or embossing at least one end fitting. In other words, your customers would need to label air brake hose assemblies that they crimp or swage.

In response to your question about paragraph S4, our response is that the purpose of this paragraph is to define relevant terms in the Standard, such as Abrake hose,@ Abrake hose assembly,@ Abrake hose end fittings,@ and Apermanently attached end fitting.@ These definitions would not eliminate or otherwise affect the need for a distributor to comply with the labeling requirements set forth in S7.2.3.

I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:106 ref:5/10/96 d:5/10/96

ID: 11684ZTV

Cybernet Services Incorp.
704 Edgewater Drive
Dayton, TN 37321

Gentlemen:

Gilbert Lenkiewicz of Cleveland asked that we respond to you with respect to his letter to us of March 14, 1996, requesting an interpretation of Federal Motor Vehicle Safety Standard No. 108. He asked whether it is permissible to add a flashing strobe light into the existing assembly for the center highmounted stop lamp, as he is investigating "the possibility of marketing this idea to the general public as an after-market, owner-installed addition in kit form."

The answer is that Federal law does not prohibit owners from adding a strobe light into the center stop lamp of their vehicles but it does not allow other persons to add the strobe light. However, you should consult local laws to see whether such a modification is permissible because local laws govern the legality of owner modifications.

To explain, were the strobe light to be added to the center lamp as original equipment, before the first sale of the vehicle, it will create a noncompliance with Standard No. 108 which requires all stop lamps to be steady burning. Whether it is permissible to add the strobe light after initial sale is governed by Title 49 United States Code Section 30122 "Making safety devices and elements inoperative." Under this section, manufacturers, distributors, dealers, and motor vehicle repair businesses are prohibited from "making inoperative" Federally-mandated safety equipment such as the center stop lamp. Because addition of the strobe lamp would create a noncompliance in a new motor vehicle, and its operation could draw attention away from the vehicle's other required stop lamps, we view its addition to a vehicle in use as making this equipment inoperative within the intent of Section 30122. The prohibition does not extend to vehicle owners, however, and an owner may install the strobe light in the center stop lamp of his or her vehicle without violating Section 30122. But the seller of the device may not do so.

Even though the owner may install the strobe light under Federal law, the acceptability of using it is governed by the laws of the individual states. We are unable to advise you on state law, and recommend that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22303.

If you have any further questions, you may consult Taylor Vinson of this Office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

NCC-20 ZTVinson:mar:3/25/96:62992:OCC 11684 cc: NCC-0l Subj/Chron interps. std. 108, VSA 30122 ztv; 11684; U:\ncc20\interp\108\11684.ztv

ID: 11689.MLV

Mr. Michael Pollard
Daleiden's Inc.
425 E. Vine St.
Kalamazoo, MI 49001

Dear Mr. Pollard:

This responds to your letter of March 21, 1996, requesting an exemption for "modifications of motor vehicles for drivers with physical disabilities." Your current issue concerns a modification to install an electric hydraulic seat base to allow the driver to transfer from a wheelchair to the supplied drivers seat on a 1996 Chevrolet Van. According to the seat base manufacturer, (B&D Industries of Mt. Carmel, IL) the airbag device must be disarmed to perform this modification.

In general, repair businesses are permitted to modify vehicles without obtaining permission from the National Highway Traffic Safety Administration (NHTSA) to do so, but are subject to certain regulatory limits on the type of modifications they may make.

NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment (such as an air bag) installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil fines up to $1,000 per violation.

Moving a seat, and presumably moving the seat belts for the seat, could affect compliance with four standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. While your letter does not explain why "the airbag device must be disarmed to accommodate" the apparatus to be installed, we are aware that some vehicles have air bag deployment sending units under the driver's seat and that the instructions provided by the OEM specifically prohibit relocation of these units.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the "make inoperative"

prohibition a purely technical one justified by public need. In your situation, NHTSA will not institute enforcement proceedings against the business that modifies the seat on the vehicle to accommodate the condition you describe.

We caution, however, that only necessary modifications should be made, and the person making the modifications should consider other safety issues that might arise from the modification. For example, in installing a new base below a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. In addition, you should consult with the manufacturer to determine how to disarm the air bag. The modification may cause the air bag to deploy. The manufacturer should be able to provide information on how the modification can be safely performed. Finally, if the vehicle is sold, we encourage the owner to advise the purchaser of the modifications.

Your letter also suggests that a "blanket exemption" would be useful to modifiers. The current Standard No. 208 contains an exclusion from the automatic protection requirement for trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less. Air bags are installed in vehicles as one means of complying with this requirement. The exclusion applies to "vehicles manufactured for operation by persons with disabilities," defined as:

vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat.

Your letter does not contain enough information to indicate whether your situation falls within this exclusion. However, you may nonetheless rely on non- enforcement of the standard for the reasons I described above.

You should also note that the "blanket" exclusion will not be available under the new regulation that requires the installation of air bags to meet the automatic protection requirements. That regulation will be phased in beginning with vehicles manufactured on or after September 1, 1997 (1998 model year). All vehicles must comply the following year.

If you have other questions or need some additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

ref: VSA# 208 d:5/3/96