ID: nht94-6.38

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone conversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert livestock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable to motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

(A)ny 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.

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is composed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channel livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped dolly which is designed to be manually attached to special fittings on the chute. With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not considered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour are not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor vehicles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, including FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht94-2.34

TYPE: Interpretation-NHTSA

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone c onversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert live stock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable t o motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

(A)ny 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.

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is c omposed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channe l livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped doll y which is designed to be manually attached to special fittings on the chute.

With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not c onsidered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour ar e not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor veh icles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, inclu ding FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: 10621

Mr. Glyn Thomas
Thomas Tire
13342 - 72d Avenue
Surrey, B.C. Canada
V3W 2N5

Dear Mr. Thomas:

This responds to your letter of December 19, 1994, and your telephone conversation with Walter Myers of my staff on that date, in which you requested a waiver enabling you to import into the United States truck tire casings without the DOT symbol on the sidewalls but with more than 2/32 inch tread depth for the purpose of retreading. You stated that casings with less than 2/32 inch tread depth are usually not of sufficient quality to be retreaded.

By way of background information, Chapter 301 of Title 49, United States Code (U.S.C.) authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The statute requires that all newly manufactured motor vehicles and items of motor vehicle equipment comply with all FMVSSs applicable to that product on the date of manufacture. Generally speaking, upon the sale of that vehicle or item of equipment to the first retail purchaser, the use of that vehicle or item of equipment becomes a matter of state regulation.

However, 49 U.S.C. '30112(a) provides:

[A] person may not . . . import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard . . . takes effect unless the vehicle or equipment complies with the standard . . . .

In your telephone conversation, you asked about importing used passenger car tires from Canada into the United States. The effect of section 30112(a) with regard to passenger car tires is to require that such tires which are manufactured after the effective date of FMVSS No. 109, New pneumatic tires (January 1, 1968), must be certified as complying with the requirements

of that standard, whether the tire is now new or used. That certification is exhibited by molding the letters "DOT" into or onto the sidewall of the tire. To be legally imported into the United States, therefore, used passenger car tires must either display the DOT symbol on the sidewall of the tire or be accompanied by proof that the tire was manufactured before January 1, 1968.

With respect to tires for motor vehicles other than passenger cars, FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars, became effective March 1, 1975. That standard also requires display of the DOT symbol as the manufacturer's certification that the tire complies with all applicable FMVSSs. Accordingly, in order for such tires to be imported into the United States, they also must either display the DOT symbol on the tire sidewall or be accompanied by proof that the tires were manufactured prior to March 1, 1975.

Used tires for use on motor vehicles other than passenger cars which have less than 2/32 inch of tread depth and which are imported solely for retreading may be imported without the DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported. In determining that these tires are not motor vehicle equipment, NHTSA found persuasive that those tires cannot legally be used on the public highways, and require remanufacturing before they can be operated on the highways.

Although this agency has statutory authority to grant exceptions to compliance with the FMVSSs in certain specific categories of situations, NHTSA does not have the authority to waive requirements such as the one at issue here. Therefore, any used tire imported into the United States must either display the DOT symbol, be accompanied by proof that they were manufactured prior to the effective date of applicable FMVSSs, or in the case of tires for motor vehicles other than passenger cars, have less than 2/32 inch tread depth and be imported solely for retreading.

I hope the information provided above is helpful to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:591#109#119 d:2/27/95

ID: nht95-1.78

TYPE: INTERPRETATION-NHTSA

DATE: February 27, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Glyn Thomas -- Thomas Tire

TITLE: None

ATTACHMT: ATTACHED TO 6/13/81 LETTER FROM FRANK BERNDT TO ROY LITTLE FIELD (STD. 119) AND 12/19/94 LETTER FROM GLYN THOMAS TO WALTER MYERS (OCC 10621)

TEXT: This responds to your letter of December 19, 1994, and your telephone conversation with Walter Myers of my staff on that date, in which you requested a waiver enabling you to import into the United States truck tire casings without the DOT symbol on the sidewalls but with more than 2/32 inch tread depth for the purpose of retreading. You stated that casings with less than 2/32 inch tread depth are usually not of sufficient quality to be retreaded.

By way of background information, Chapter 301 of Title 49, United States Code (U.S.C.) authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The statute requires that all newly manufactured motor vehicles and items of motor vehicle equipment comply with all FMVSSs applicable to that product on the date of manufacture. Generally speaking, upon the sale of that vehicle or item of equipment to the first re tail purchaser, the use of that vehicle or item of equipment becomes a matter of state regulation.

However, 49 U.S.C. @ 30112(a) provides:

[A] person may not . . . . import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date and applicable motor vehicle safety standard . . . . takes effect unless the vehicle or equipment complies with the s tandard . . . .

In your telephone conversation, you asked about importing used passenger car tires from Canada into the United States. The effect of section 30112(a) with regard to passenger car tires is to require that such tires which are manufactured after the effec tive date of FMVSS No. 109, New pneumatic tires (January 1, 1968), must be certified as complying with the requirements of that standard, whether the tire is now new or used. That certification is exhibited by molding the letters "DOT" into or onto the sidewall of the tire. To be legally imported into the United States, therefore, used passenger car tires must either display the DOT symbol on the sidewall of the tire or be accompanied by proof that the tire was manufactured before January 1, 1968.

With respect to tires for motor vehicles other than passenger cars, FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars, became effective March 1, 1975. That standard also requires display of the DOT symbol as the manufacturer's ce rtification that the tire complies with all applicable FMVSSs. Accordingly, in order for such tires to be imported into the United States, they also must either display the DOT symbol on the tire sidewall or be accompanied by proof that the tires were m anufactured prior to March 1, 1975.

Used tires for use on motor vehicles other than passenger cars which have less than 2/32 inch of tread depth and which are imported solely for retreading may be imported without the DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. R oy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported. In determining that these tires are not motor vehicle equipment, NHTSA found persuasive that those tires cannot legally be used on the public highways, and require remanufacturing before they can be operated on the highways.

Although this agency has statutory authority to grant exceptions to compliance with the FMVSSs in certain specific categories of situations, NHTSA does not have the authority to waive requirements such as the one at issue here. Therefore, any used tire i mported into the United States must either display the DOT symbol, be accompanied by proof that they were manufactured prior to the effective date of applicable FMVSSs, or in the case of tires for motor vehicles other than passenger cars, have less than 2/32 inch tread depth and be imported solely for retreading.

I hope the information provided above is helpful to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: 16119.wkm

Mr. Richard T. Ince
C & J Technology, Inc.
9010 Pillsbury Avenue
Bloomington, MN 55420

Dear Mr. Ince:

Please pardon the delay in responding to your letter addressed to Georgia Jupinko, now Georgia Chakiris of this agency's Region 6 office, which was forwarded to this office for reply. You asked in your letter how to go about convincing the Federal government that your product, called the "Brake Alert" system, meets or exceeds applicable Federal motor vehicle safety standards (FMVSS). Based on the information you submitted, the "Brake Alert" neither meets nor exceeds FMVSSs, but could be installed on existing vehicles as an add-on, as discussed below.

You stated that you are marketing a brake monitoring device called "Brake Alert" that applies to all brake systems that use a push rod to activate the brakes. You stated that in your system, each brake has a sensor feeding into a black box that gives the driver a visual readout each time the brakes are applied. A dash-mounted monitor with LED lights for each wheel shows green lights if the brakes are functioning properly and a red light for each wheel on which the brakes malfunction or are not properly adjusted. If the monitoring system itself fails, all lights will turn red. The black box retains the last 64 brake applications in its memory, which can be checked by maintenance or law enforcement personnel by holding a device next to it. The memory can be removed from the black box and put into a computer for a printout showing the applications. Finally, you stated that you believe that your "Brake Alert" system meets or exceeds the requirements of "49 CFR CH.V (10-1-95) SECT.5.2.2(B)," which we assume refers to paragraph S5.2.2(b) of Federal Motor Vehicle Safety Standard No. 121, Air brake systems (49 CFR 571.121).

The National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue FMVSSs applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system in which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. Therefore, NHTSA neither tests, approves, disapproves, endorses, nor certifies compliance of products prior to their introduction into the retail market. NHTSA enforces compliance with the FMVSSs by purchasing motor vehicles and equipment and testing them for compliance with applicable standards. NHTSA also investigates safety-related defects. If a vehicle or item of replacement equipment is found not to comply with applicable standards or is found to have a safety-related defect, the manufacturer of that product is responsible for remedying the noncompliance or defect at no charge to the customer.

Subsection S5.1 of FMVSS No. 121 specifies brake requirements for trucks and buses, while subsection S5.2 specifies requirements for trailers. It was not clear from your letter that the "Brake Alert" system can be installed on trailers, but since you cited paragraph S5.2.2(b), which applies to trailers, we assume your "Brake Alert" is capable of being installed on trailers as well as single-unit vehicles. Thus, since brake malfunction or maladjustment anywhere in the tractor and trailer brake system is displayed in the cab, both S5.1 and S5.2 would apply. Paragraph S5.2.2(b), which reads essentially the same as paragraph S5.1.8(b), provides as follows:

(b) Brake indicator. For each brake equipped with an external automatic adjustment mechanism and having an exposed pushrod, the condition of service brake under-adjustment shall be displayed by a brake adjustment indicator in a manner that is discernible when viewed with 20/40 vision from a location adjacent to or underneath the vehicle, when inspected pursuant to S5.9.

Pertinent to this discussion, both S5.1.8(b) and S5.2.2(b) require that each service brake system with an exposed pushrod have a brake adjustment indicator viewable from outside the vehicle. Your informational material does not indicate whether the "Brake Alert" has a monitor visible from outside the vehicle. If the "Brake Alert" system displays brake malfunction or maladjustment inside the vehicle only, it does not meet, and therefore does not exceed, the requirements of either S5.1.8(b) or S5.2.2(b). Further, the "Brake Alert" system cannot substitute for the brake adjustment indicator required by S5.1.8(b) and S5.2.2(b) of Standard No. 121. However, so long as it does not interfere with the required brake adjustment indicator, it could be installed as an original equipment option or as an add-on to an existing vehicle.

The promotional literature enclosed with your letter indicates that the "Brake Alert" uses a "position sensor" to monitor the brake. It was not clear where or how the position sensor and related components are installed. The installation of these components must not interfere in any way with the operation of the pushrod or the required brake adjustment indicator, which normally consists of an indentation in the pushrod. If it does, that could constitute a violation of Title 49, U.S. Code, 30122, Making safety devices and elements inoperative (copy enclosed), which prohibits making inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with any FMVSS. Violations of this provision can result in substantial civil penalties.

Finally, it is noted that the promotional brochure enclosed with your letter contains a statement that "Meets or exceeds U.S. FMVSS #121 . . . ." As discussed above, that is not a true statement if the "Brake Alert" offers in-cab only brake monitoring. It is requested, therefore, that you remove such statements from your promotional or advertising materials in order to avoid any misrepresentations to or misunderstandings by the public.

For your further information, I am enclosing fact sheets 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 to you. Should you have additional questions or need further information, feel free to contact Walter Myers of my staff at this address or at (202) 366-2992, or by FAX at (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
Ref:121
d.5/1/98

ID: nht91-3.10

DATE: April 4, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: DS America, Inc.; Attn: Messrs. Riani and Mitchell

TITLE: None

ATTACHMT: Attached to letter dated 3-6-90 from Anthony Riani and David Mitchell to To Whom it May Concern (OCC 5841)

TEXT:

This responds to your letter of March 6, "1990" with respect to your interest in importing for resale Volkswagen Beetles manufactured in Mexico. You've asked for information on "all relevant requirements for cars being imported to the United States."

A motor vehicle must conform with all applicable Federal motor vehicle safety standards (FMVSS) in order to be imported permanently into the United States. The authority for this requirement is The National Traffic and Motor Vehicle Safety Act of 1966, as amended by the Imported Vehicle Safety Compliance Act of 1988, which became effective January 31, 1990. I enclose a copy of the 1966 Act for your information; the amendments effectuated by the 1988 Act are found at section 108 (1397), subsections (c) through (j).

In brief, a nonconforming motor vehicle may not be imported into the United States unless the Admininstrator of the National Highway Traffic Safety Administration (NHTSA) has determined that the vehicle complies or is capable of conformance to the FMVSS. Determinations are made pursuant to petitions received from manufacturers or registered importers. A "registered importer" is one that NHTSA has officially recognized as capable of performing the conformance work. After an affirmative determination, the vehicle may be imported by the registered importer, or by any other person who has a contract with the registered importer to perform the conversion work. Certain performance bonds and fees payable to the government have been established. I enclose a copy of the most current list of registered importers. For the text of the FMVSS and other agency regulations, you may contact the outlet of the Government Printing Office closest to you, and obtain "Title 49 Code of Federal Regulations Parts 400-999 Effective October 1, 1990". NHTSA regulations are parts 501-594 inclusive. You will be particularly interested in Parts 571 (the FMVSS), 591 (import regulation), 592 (registered importer requirements), 593 (vehicle eligibility determinations), and 594 (fees).

The Administrator has made no determination with respect to the conformance capability of Mexican Beetles with the FMVSS. If you wish to petition for such a determination, you must either become a registered importer or contract with one to act in your behalf. NHTSA would be especially concerned about the capability of Beetles manufactured on and after September 1, 1989, to be conformed to meet the automatic restraint requirements of FMVSS No. 208 (49 CFR 571.208), Occupant Restraint Systems.

You have asked for any information the Department may have about conformance problems. During the mid-1980s, Mexican Beetles were imported

for resale by commercial enterprises in Texas and California. The Texas enterprise was able to satisfy the importation requirements that were effective before the stringent amendments of the 1988 Act. The California enterprise was unable to meet our requirements. We do not view the Texas experience in conversion of vehicles as particularly relevant today in light of the extensive changes made by the 1988 Act.

Finally, you have asked whether "documentation by Volkswagon of Mexico certifying these crash requirements can replace a crash tested vehicle or vehicles." Under our regulations, the registered importer must certify that the converted vehicle conforms to all applicable FMVSS, and, with the initial vehicle, provide NHTSA with documents in substantation. Certainly, if Volkswagen de Mexico had conducted successful barrier impact tests exactly in the manner set forth in the FMVSS, the test results would appear to afford a basis upon which the registered importer could certify compliance. But because conformance modifications could alter vehicle structure or weight, and hence potentially affect the test results previously obtained, your question cannot be answered simply yes or no. However, a registered importer is not legally obliged to conduct a crash test to demonstrate conformance, but could verify that the converted Mexican Beetles continue to conform with the Mexican test results through the use of computer simulations, engineering studies, or mathematical calculations.

If you have further questions, we shall be pleased to consider them.

Attachment

Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment dated September 1985. (Text omitted)

Attachment

U.S. Department of Transportation

NHTSA

FISCAL YEAR 1991 REGISTERED IMPORTERS OF NON-CONFORMING MOTOR VEHICLES 49 CFR PART 592

The following firms have been approved as Registered Importers of non-conforming motor vehicles under the provisions of Title 49, Code of Federal Regulations, Part 592, for the fiscal year ending September 30, 1991. Additional applications have been received, and if there are further approvals, this list will be updated. The agency does not endorse or recommend any firm listed herein, and does not guarantee or imply that any work or service performed for any individual customer will necessarily be satisfactory.

REGISTERED IMPORTER ADDRESS TELEPHONE

A. Eastern United States

Bonair USA 500 Hollister Rd. 201-288-5333 Teterboro, NJ 07608

Champagne Imports of 200 West 5th St. 215-361-1304 Pennsylvania Lansdale, PA 19446

ICI International 4490 35th Street 407-839-3663 Orlando, FL 32811

J.K. Motors P.O. Box 178 301-366-6332 Kingsville, MD 21087

Liphardt & Associates 15 Trade Zone Dr. 516-588-8288 Ronkonkoma, NY 11779

B. Western United States

Europa International 1570 B-2 Pacheco St. 505-984-8888 Santa Fe, NM 87501

G&K Automotive 1061 N. Grove St. 714-632-8100 Conversion Anaheim, CA 92806

Wallace Environmental 2140 Wirtcrest 713-956-7705 Testing Laboratories Houston, TX 77055

(Revised Jan. 18, 1991)

cc: US Customs Service, Washington, DC Environmental Protection Agency Department of the Army, DALO-TSP

ID: 11645DF

Mr. David T. Holland
President
Europa International, Inc.
1570A Pacheco Street
Santa Fe, NM 87605

Dear Mr. Holland:

This responds to your letter addressed to Walter Myers of my staff and your telephone conversations with Mr. Myers. You asked whether tires for vehicles other than passenger cars that are not labeled with the DOT symbol must be branded "FOR OFF ROAD USE ONLY" before you can sell them, or whether you can test such tires and if they pass the test, brand the DOT symbol on them.

You explained to Mr. Myers that your company imports Mercedes sport utility vehicles whose tires are not labeled with the DOT symbol. You stated that you remove the noncertified tires from the vehicles and substitute certified tires therefor so the vehicles can be sold in the United States. However, since neither Bridgestone, the manufacturer of the tires, nor Mercedes will accept return of the tires, you are seeking ways in which these tires can legally be sold in the United States. Based on the information you provided to Mr. Myers, the tires in question must meet the performance and labeling requirements of Federal motor vehicle safety standard (FMVSS) No. 119, New pneumatic tires for vehicles other than passenger cars, and the labeling and recordkeeping requirements of 49 CFR Part 574, Tire Identification and Recordkeeping. Paragraph S6.5 of FMVSS No. 119 requires that each tire be marked with:

(a) The symbol DOT, which shall constitute a certification that the tire conforms to applicable Federal motor vehicle safety standards. This symbol may be marked on only one sidewall.

The DOT symbol is normally molded into or onto the sidewalls of tires during the manufacturing process to indicate the manufacturer's certification that the tire complies with applicable FMVSSs. In addition, the original manufacturer of the tires must mold a tire identification number into or onto the sidewall of each tire it produces in accordance with Part 574.5. Thus, whether or not tires comply with FMVSS No. 119 and are marked with the DOT symbol, if they do not contain the required tire identification number, they cannot be sold in the United States.

Although tires for vehicles other than passenger cars that do not contain the DOT symbol may not be sold for use on the streets, roads, or highways of this country, they may be sold for off-road use only. There is no requirement that tires be branded or otherwise marked "FOR OFF ROAD USE ONLY" before selling them in this way. However, it is advisable that the seller of such tires make a statement to that effect on the sales voucher or other written document as proof that the seller sold the tires with the understanding that they would only be used off-road.

The FMVSSs are not applicable to tires intended solely for export, provided the tires and their shipping containers are labeled for export only. Thus, you are free to export the tires in question, whether or not they comply with FMVSSs. In that respect, see attached letter to Oxytire, Inc., dated May 24, 1995.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ref:119 d:4/23/96

ID: 1985-01.12

TYPE: INTERPRETATION-NHTSA

DATE: 01/15/85

FROM: AUTHOR UNAVAILABLE; Ken Rutland; NHTSA

TO: Docket Section Docket No. 83-12; Notice 2

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation

Date: Jan. 15, 1985

Subject: INFORMATION: Clarification of Requirements of Final Rule on Harmonization (Docket No. 83-12; Notice 2)

From: Ken Rutland Safety Standards Engineer

To: Docket Section Docket No. 83-12; Notice 2

THRU: Barry Felrice Associate Administrator for Rulemaking

VIA: Frank Berndt Chief Counsel

I received a telephone call from Mr. Kazue Watanabe of the Stanley Electric Company, Tokyo, Japan on December 19, 1984, with a question concerning the November 26, 1984, Final Rule amendment to harmonize FMVSS No. 108 with European standards. With the amendment Published in Notice 2, Mr. Watanabe wanted to know if motorcycle turn signal lamps were supposed to meet the photometric requirements of Table I of SAE J588e or the requirements set forth by Figure 1a and Figure 1b given in Notice 2, after December 26, 1984.

I transmitted the attached message to Mr. Watanabe by telex, on December 27, 1984.

Attachment (w/6 copies)

Interpretations NOA-30 Std. 108 Interpretations Room 5109 Red Book (3)

To: Mr. Kazue Watanabe Stanley Electric Co. Telex # 246-6623 SEC TOKJ

For motorcycle turn signal lamps, FMVSS No. 108 as amended (FR 46386, November 26, 1984), allows motorcycle turn signal lamps to meet one-half of the minimum photometric values at each test point, as specified in SAE J588e, according to S4.1.1.30 and substituting the values in figure 1a and 1b for table 1 of SAE J588e. This requirement is now located in S4.1.1.11 for the 19 individual test points. The new S4.1.1.12 substitutes Figure 1C for the former Figure 1 and establishes the group totals for 5 zonal groups. It is intended that the individual test points with a value of one-half that of Figure 1b be used in determining the group totals for motorcycle turn signal camps. We hope this answers your question.

ID: nht88-3.50

TYPE: INTERPRETATION-NHTSA

DATE: SEPTEMBER 14, 1988

FROM: RICHARD W. WARD -- VICE PRESIDENT; K-D LAMP COMPANY

TO: ERIKA Z. JONES -- NHTSA

ATTACHMT: LETTER DATED NOV. 3, 1988 TO RICHARD W. WARD, V. P., K-D LAMP CO., FROM ERIKA Z. JONES, CHIEF COUNSEL, NHTSA

TEXT: This is in reference to your letter of Aug. 19, 1988 to Paul Scully regarding the exclusion of reflex reflector area when calculating minimum square inch lens area. Apparently your letter has caused a future customer of KD Lamp Co. to reconsider and rej ect the use of a Turn Signal Lamp of ours which has a lens area of 8 square inches. The following information and enclosed documentation is offered for your evaluation, and I respectfully request your reply to clarify the requirement of minimum square i nch lens area for Turn Signal and Stop Lamps.

In S1. of Purpose & scope FMVSS 108 the standard covers requirements for original and replacement lamps. When a new lamp is designed the requirements of 108 in effect at that time are naturally incorporated into the design. The present requirements of 108 shown in Table #1 for vehicles 80 or more inches wide indicates the applicable SAE standard is J-588e Sept. 1970 for Turn Signal Lamps and J-586c Aug. 1970 for Stop Lamps. Both of these SAE standards in section 3.2 require a minimum lens area of 8 s quare inches (rear lamps) for a single compartment lamp. The device in question meet the J-588e and J-586c, however, our customer has interpreted your letter that 12 square inch minimum lens area is the requirement. Their conclusion is based on the 2nd paragraph of your letter wherein you make reference to S4.1.1.7 of FMVSS 108 and 12 square inch lens area.

It is our position that S4.1.1.7 and S4.1.1.6 of FMVSS 108 is not the present requirements but rather an exception or a permissable use of an old SAE J-588d June 1966 and J-586b June 1966 for lamps used on vehicles manufactured between 1973 and 1978 (ref . page 28238 Fed. Reg. Aug. 6, 1986). If the full context of S4.1.1.7 and S4.1.1.6 is taken into consideration it is apparent the intent, particularly the words "may also be designed", of these sections is to cover vehicles of older manufacture.

After your review of the above and attachments, I would appreciate your comments so the immediate problem as well as any future questions in this regard can be resolved.

Thank You.

ID: 77-3.12

TYPE: INTERPRETATION-NHTSA

DATE: 06/27/77

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

TO: Truck Body and Equipment Association Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 6, 1977, letter asking whether two proposed labels satisfy the requirements for certification and information labels found in 49 CFR Part 567, Certification, and Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

The National Highway Traffic Safety Administration (NHTSA) does not issue advance approval of compliance by manufacturers with motor vehicle safety standards or regulations. The agency, however, will give an informal opinion as to whether your sample labels appear to comply with NHTSA regulations. From the illustrations you present, it appears that you have closely followed the format suggested in our regulations, and therefore, the labels seem to comply with the agency's requirements. Section S5.3(b) of Standard No. 120 permits the use of both labels when affixed in accordance with Part 567.4(b)-(f).

SINCERELY,

TRUCK BODY AND EQUIPMENT ASSOCIATION, INC.

April 6, 1977

Frank Berndt Acting Chief Counsel National Highway Traffic Safety Administration

Dockets 71-19; Notice 06 and No. 75-32; Notice 02 amend FMVSS 120 "Tire Selection and Rims for Motor Vehicles other than Passenger Cars" and Part 567 "Certification" by requiring tire and rim information on or adjacent to a vehicle's certification label.

Effective September 1, 1977, FMVSS 120, S5.3 (b) will allow a final stage manufacturer to use at his option, a "Tire Information Label" in conjunction with his present certification label.

The enclosed sheet depicts Truck Body and Equipment Association's proposed Tire and Rim Information Label for the National Highway Traffic Safety Administration's evaluation.

Are we correct in assuming that our proposed Tire-Rim Information Label when used with, and affixed adjacent to our present certification label (attachment 2) meets the new requirements of FMVSS 120 and Part 567?

Byron A. Crampton Manager of Engineering Services PROPOSED "TIRE-RIM INFORMATION" LABEL

TIRE-RIM INFORMATION

GVWR

GAWR FRONT with tires, rims, at psi cold

GAWR INTERMEDIATE with tires, rims, at psi cold

GAWR REAR with tires, rims, at psi cold

VIN

Notes:

1. Yellow foil with black lettering

2. Label shall meet 567.4(b) through (f) (Illegible Text)