ID: aiam0125

Dear Mr. Nurse: This is in response to your letter of November 13 with regard to th applicability of Federal motor vehicle safety standards to the GT-18 Trail Bike kit, and the 'Boonie-Bike' assembled from it.; I am unable to tell from your letter the exact nature and use of th Boonie-Bike but I will assume that it is an off-the-road special purpose motorcycle designed for recreational use. Such a machine is a 'motor vehicle' for purposes of the National Traffic and Motor Vehicle Safety Act of 1966 since, like a multipurpose passenger vehicle, it is equipped with special features for off-road use but is capable of being operated both on and off the public roads. Thus it is not correct to say that trail bikes have not been considered motor vehicles in the past. The interpretation to which you refer, incidentally, if it appears, will be directed toward the so-called 'mini-bikes'.; Accordingly, it is possible to confirm your understanding that: >>>'...for the purposes of the National Traffic and Motor Vehicl Safety Act of 1966, Heath's responsibility is limited to insuring that any kit item which it supplies to which a Federal Safety Standard is directly applicable (i.e., only glazing materials at the present time) shall meet such Safety Standards, and inasmuch as Heath does not build the kits or perform the actual conversion, it is not a manufacturer of motor vehicles and consequently not responsible for the entire assembled product.'<<<; Since a Boonie-Bike is equipped with a '5-brake horse power Briggs an Stratton 4-cycle engine' it is sub-classified as a 'motor-driven cycle' which is defined as 'a motorcycle with a motor that produces 5-brake horsepower or less'.; As you infer Federal Standard 108 will apply to motorcycle manufactured or assembled on or after January 1, 1969. Motorcycles are required to be manufactured with one white headlamp in accordance with SAE Standard J584 (Motorcycle and Motor Driven Cycle Headlamps). This SAE Standard allows a motor driven cycle to be assembled with either a single or multiple beam headlamp. Consequently a motor driven cycle assembled with a single beam headlamp is not subject to paragraphs S3.4.1 and S3.4.2 of Federal Standard No. 108 requiring provision of a headlamp beam switch and indicator.; I hope this answers your questions. Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel for Regulations

ID: aiam4920

Dear Mr. Smith: This responds to your letter of October 14, 1991, t Taylor Vinson of this Office, asking for a confirmation of your interpretation of Motor Vehicle Safety Standard No. 108, based upon a meeting with Mr. Vinson on August 15, l990. You are developing a license plate frame that incorporates a 'flashing/steady burning stop lamp', for use on passenger cars and motorcycles, and 'an auxiliary flashing/steady burning stop lamp' for use on vans, minivans, and pickup trucks. You cite a letter of this agency to Bettie Lou Simcox, dated October 24, 1986, as authority for your understanding that Standard No. 108 allows the use of a flashing, steady burning stop lamp. Standard No. 108 covers original motor vehicle lighting equipment, and lighting equipment that is intended to replace the original lighting equipment. It does not cover supplementary or novelty lighting equipment offered in the aftermarket. Mrs. Simcox asked us about the acceptability of an aftermarket stop lamp which, when the brake is applied, pulses before going into a steady burning mode. We informed Mrs. Simcox that her lamp was unacceptable as replacement equipment because Standard No. 108 requires original equipment stop lamps, and lamps designed to replace that equipment, to be steady burning in use, but that it would be permissible under Standard No. 108 as a supplementary stop lamp. For the same reason, your invention would not be prohibited by Standard No. 108 if it is offered in the aftermarket as a supplementary stop lamp, which we understand is your intent. You should be aware that Standard No. 108 specifically requires motor vehicles to be equipped with one or more license plate lamps. We are uncertain of the effect, if any, that the installation of your combination license plate frame/supplementary stop lamp would have upon conformance of a vehicle's license plate lamp(s) with the requirements of Standard No. 108. We therefore remind you of the prohibition in the National Traffic and Motor Vehicle Safety Act that a manufacturer, distributor, dealer or motor vehicle repair business may not render inoperative, in whole or in part, a device such as the license plate lamp that has been installed in accordance with a safety standard such as Standard No. 108. Sincerely, Paul Jackson Rice Chief Counsel;

ID: aiam2358

Dear Mr. Lawrence: This responds to White Motor Corporation's April 26, 1976, questio whether S5.3.3 and S5.3.4 of Standard No. 121, *Air Brake Systems*, require minimum brake chamber air pressures of 60 psi and 95 psi, respectively, or whether these air pressures are included in the sections only as 'bench marks' on which to base specifications for minimum actuation and release timing in brake systems. Section S5.3.3 specifies in part:; >>>. . .With an initial service reservoir system air pressure of 10 psi, the air pressure in each brake chamber shall, when measured from the first movement of the service brake control, reach 60 psi in not more than 0.45 seconds. . . .<<<; Your understanding that S5.3.3 and S5.3.4 only specify the ai pressures of 60 psi and 95 psi as the basis for timing requirements is correct. Neither value is intended as a requirement that the vehicle be designed to provide a certain level of brake chamber air pressure. The values were based on an understanding of the typical configuration of existing air brake systems at the time the final rule was issued.; In response to your request for interpretation of these sections i view of White's intent to use a lower air pressure than was commonly used in the past, the agency will utilize the stated 60-psi value or a value that is 70 percent of a maximum air pressure (measured by the NHTSA at the brake chamber), whichever is lower. In the case of release, the stated 95-psi value or the value that represents maximum air pressure (measured by the NHTSA at the brake chamber), whichever is lower, will be used. For purposes of this determination, the maximum air pressure in the brake chamber is that obtainable with full brake application when the pressure in the service reservoir is at 100 psi. Use of the maximum air pressure application timing would be unreasonable because of the decreased rate of air pressure build-up that occurs as the brake chambers reach maximum pressure.; The agency will issue an interpretive amendment to S5.3.3 and S5.3.4 t reflect this interpretation.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam4975

"Dear Mr. Danis: This responds to your letter about testing related t Federal motor vehicle safety standard No. 121, Air Brake Systems, (49 CFR 571.121). You explained that your company has recently conducted a compliance test on an articulated bus manufactured by MCI Greyhound Canada. According to your letter, the buses were tested using 28 psi for the brake actuation test and 40 psi for the brake release test. While these air pressures differ from the pressures specified in S5.3.3 and S5.3.4 for brake actuation and release times, you stated that MCI was relying on a July 23, 1976 interpretation issued by the agency to Mr. J.W. Lawrence of the White Motor Corporation that permitted such brake actuation and release pressures. We note that to be consistent with that interpretation, the maximum brake chamber pressure must have been 40 psi when the service reservoir pressure was at 100 psi. Your letter was not clear on that point. You asked whether this interpretation is still valid. As explained below, the answer is yes. In its inquiry to NHTSA, White Motor Corporation asked whether S5.3.3 and S5.3.4 of Standard No. 121 require minimum brake chamber actuation and release time pressures of 60 psi and 95 psi, respectively, or whether these air pressures are included in the sections only as 'bench marks' on which to base specifications for minimum actuation and release timing. In response, the agency's July 23, 1976 interpretation letter stated in relevant part that: Your understanding that S5.3.3 and S5.3.4 only specify the air pressures of 60 psi and 95 psi as the basis for timing requirements is correct. Neither value is intended as a requirement that the vehicle be designed to provide a certain level of brake chamber air pressure. The values were based on an understanding of the typical configuration of existing air brake systems at the time the final rule was issued. In response to your specific question, NHTSA's July 23, 1976 interpretation letter continues to be valid. 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. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam3866

Dear Mr. Gill: This is in response to your letter of May 25, 1984, asking for a interpretation of Motor Vehicle Safety Standard No. 108. Table IV specifies that the minimum horizontal separation distance '(centerline to centerline of lamp)' for rear turn signal lamps on motorcycles is 9 inches. You have asked whether the 'centerline' refers to the distance between the lens centers, between the centers of the effective projected luminous areas, or between the bulb centers.; You asked for confirmation of your belief that the prope interpretation is found in the referenced SAE Standard, J588e, which contains the language 'Optical axes (filament centers),' implying that the correct distance is that between the 'bulb centers' as you term it.; We find no direct correlation between the phrases 'centerline t centerline of lamps' and 'optical axis (filament center).' The lamp is a device emitting light whereas 'optical axis (filament center)' does not refer to the lamp but only to a portion of its light-producing component. As that phrase is used in SAE J588e, it defines the method of measuring distances between bulbs in multi-compartment lamps for the purpose of testing for photometric requirements (paragraph 3.1), or in measuring the separation of the turn signal from the headlamp (paragraph 4.2, where, incidentally, it is expressed as the distance between filament and a lamp component, the retaining ring).; Taken literally, 'centerline to centerline of lamps' in our view mean the distance between lens centers. In the response to petitions for reconsideration of the center high-mounted stoplamp amendment (May 17, 1984), the question was asked whether the 'center' of the lamp was its geometric center, its optical center, or the center of the bulb filament. The agency replied that the center of the lamp is the geometric center. Since the purpose of the minimum separation requirement is to insure that the turn signal is perceived as such, we believe that the correct interpretation of 'centerline to centerline' is a measurement from the geometric center of one lamp to the geometric center of the other lamp. The geometric center would be synonymous with the term 'geometric centroid of lens' as used in SAE J1221 *Headlamp-Turn Signal Spacing*.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam5075

"Dear Mr. Under Secretary: This responds to your letter concernin United States tire regulations. You stated that some companies have been reported to be dumping defective and rejected tires in your country. In response to that situation, the Ministry of Commerce and Industry issued a decree requiring that all imported tires must be new, must comply with international standards, and must be accompanied by a quality certificate issued by an independent, officially recognized authority which has the capability of testing and proving the quality of the tires in accordance with the standards. You stated that you have been unable to obtain such a certificate from the United States, but have received one from a company called Societe Generale de Surveillance, which issues a certificate for each shipment separately and does only visual tests and not laboratory testing. You stated that you have studied this agency's tire standards and posed a series of questions to us which I will endeavor to answer below. By way of background information, under the National Traffic and Motor Vehicle Safety Act of 1966, ('Safety Act,' 15 U.S.C. 1381 et seq.), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Tires are considered motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles and motor vehicle equipment must certify that their products meet all applicable safety standards. All new tires sold in the United States for use on passenger cars must be certified as complying with Standard No. 109 (49 CFR Part 571.109), and all new tires sold for use on other motor vehicles must be certified as complying with Standard No. 119 (49 CFR Part 571.119). These standards specify performance requirements (strength, endurance, high speed performance, and for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements. The process of certifying compliance with the applicable safety standards under the Safety Act is considerably different in the United States than in other countries. For example, the European nations require manufacturers to deliver tires to a governmental entity for testing. After the governmental entity tests the tires, the government approves those tires for use and assigns an approval code to the tires. The Safety Act, on the other hand, establishes a 'self-certification' process for tires sold in the United States. Under this process, the tire manufacturer, not a governmental entity, certifies that its tires comply with applicable safety standards. The Safety Act does not require that a manufacturer base its certification on a specified number of tests. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of the individual tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with Federal tire safety standards. Once a manufacturer has determined that its tires meet all requirements of the safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. This agency does not perform any pre-sale testing or approval of tires. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For these enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If the tires fail the tests and are determined not to comply with the standards, the tire manufacturer is required to remedy the noncompliance without charge. With the above background in mind, I now turn to your specific questions: 1. Must all tires manufactured and sold in the United States bear the 'DOT' mark? Answer: Yes, assuming that the tires are intended for use on motor vehicles. The 'DOT' symbol molded onto at least one side of the tire is the manufacturer's certification that that tire complies with all applicable safety standards. 2. What are the bases for granting the right to use the 'DOT' mark by tire manufacturers? Answer: The use of the 'DOT' symbol on tires is a requirement imposed on tire manufacturers and not a right which is granted. 3. Is the 'DOT' symbol required for tires intended both for domestic consumption and for export? Answer: NHTSA's safety standards do not apply to motor vehicles or motor vehicle equipment which are intended solely for export. Therefore, the 'DOT' symbol is required only for tires intended for use in the United States. 4. Is there a validity time for the use of the 'DOT' symbol? Answer: No. The symbol constitutes the manufacturer's certification that, at the time a new tire is manufactured, that tire complies with all applicable Federal safety standards. 5. What is the relationship between your administration and the Department of Transportation concerning the implementation of the 'DOT' symbol? Answer: NHTSA is a subordinate agency of the United States Department of Transportation. 6. What are the legal responsibilities of manufacturers by using the 'DOT' symbol? Answer: As indicated above, by placing the 'DOT' symbol on a tire the manufacturer certifies that, under the provisions of the Safety Act, the tire complies with all applicable Federal safety standards. 7. What are the responsibilities of manufacturers in case of violations of the 'DOT' symbol's role? Answer: If a tire is determined not to comply with a safety standard, the manufacturer is required to remedy the noncompliance without charge. In addition, violations of Safety Act provisions may result in civil fines. I hope that the information in this letter is helpful to you. Should you have any further questions, however, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992, FAX (202) 366-3820. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: nht92-4.30

DATE: August 20, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: R. Marie McFadden -- Cable Car Concepts Inc.

TITLE: None

ATTACHMT: Attached to letter dated 6/23/92 from R. Marie McFadden to Paul J. Rice (OCC 7468)

TEXT:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et sec., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1,

1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side-facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR S571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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

ID: nht91-1.48

DATE: February 20, 1991

FROM: Gary P. Toth -- Attorney, Legal Staff, General Motors Corporation,

TO: Paul Jackson Rice -- Office of the Chief Counsel, NHTSA

COPYEE: Robert A. Rogers; Barry A. Felrice; Robert Hellmuth; Steven R. Kratzke

TITLE: Re FMVSS 209 Compliance of GM Dual-Spring Retractor Designs

ATTACHMT: Attached to letter dated 4-9-91 from Paul Jackson Rice to Gary P. Toth (A37; Std. 209)

TEXT:

On September 11, 1990, representatives of General Motors Corporation (GM) met with NHTSA personnel to review several seat belt retractor designs planned for future GM products. These retractor designs included comfort features involving dual-spring rates and intentional set slack capability. By letter dated November 2, 1990 (USG 2829), we sent your office copies of the presentation materials, with a request for confidential treatment.

The purpose of this letter is to seek the agency's concurrence that the two dual-spring retractor designs we reviewed with the agency meet the minimum retraction force requirements of Federal Motor Vehicle Safety Standard (FMVSS) 209, Seat Belt Assemblies. In connection with this request for interpretation, we also seek the agency's reevaluation of a February, 1984 interpretation, which implies that use of dual-spring retractors planned by GM might be precluded by FMVSS 209. But for that interpretation, GM would have no difficulty in concluding that these designs meet the minimum retraction force requirements of S 4.3(j)(5) and (6) of FMVSS 209, when tested in accordance with S 5.2(j).

Attachments 1 and 2 of this letter contain proprietary information describing in more detail the operation of the systems we reviewed with the agency on September 11. This information is not customarily made public by GM, and contains trade secrets and commercial information within the meaning of Section 1905 of Title 18 of the United States Code. Therefore, it is our position that these attachments are entitled to confidential treatment pursuant to Section 552(b)(4) of Title 5 of the United States Code (Exemption 4 of the Freedom of Information Act) and Section 112(e) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended and implemented in Part 512 of Title 49 of the Code of Federal Regulations (CFR).

Accordingly, pursuant to 49 CFR S 512.4, GM requests that Attachments 1 and 2, which have been stamped "G.M. Confidential", be withheld from public disclosure as confidential business information for an indefinite period (except for any information which will ultimately be publicly disclosed by the availability of these designs in production vehicles). Any disclosure of this information before that time is likely to result in substantial competitive harm to GM for the same reasons set forth in USG 2829 and in the certification provided with that letter.

INTRODUCTION

GM has been a strong advocate of safety belt usage and is continuing to evaluate alternative means for improving the comfort and convenience of safety belt systems. During the September 11 meeting, we reviewed two dual-spring retractor systems, both of which are intended to reduce shoulder belt pressure on all sized occupants, which we know to be a significant factor in belt comfort.

The operation of both of these retractor designs is such that when the safety belt is being worn by an occupant, a lower retractor spring rate is, or can be, engaged to minimize the shoulder belt pressure on the occupant. When the belt is removed, a higher force spring rate is engaged to effectively stow the belt webbing. Detailed descriptions of the operation of the two designs are provided in confidential Attachments 1 and 2.

FEBRUARY, 1984 NHTSA INTERPRETATION

By letter dated February 29, 1984, NHTSA issued an interpretation to the United States Testing Company, Inc., of Hoboken, New Jersey. That company sought the agency's evaluation of a retractor design utilizing a tension reducer device (comfort type mechanism), described as a "Type 2 Vehicle Sensitive Emergency Locking Retractor". The tension reducer device was activated by the vehicle door. With the door open, the mechanism operated in a high tension mode. With the door closed, the mechanism operated in a low tension mode.

The company suggested that both tension modes should be tested for retraction force effort as specified in FMVSS 209. The company also stated its opinion that: (1) the high tension mode should only be tested for minimum retraction force; and (2) the low tension mode be tested for maximum retraction force.

The agency agreed with the company's suggestion that both tension modes should be tested for retraction force effort, but disagreed with the suggestion that only the high tension mode should be tested for minimum retraction force, and that only the low tension mode should be tested for maximum retraction force. In this regard, the agency stated:

... (B)ecause Standard No. 209 does not distinguish between tension modes, we interpret the standard to require that all of its requirements must be met in both tension modes. For example, under section S4.3(j)(6), both tension modes must exert a retractive force within the 0.2 to 1.5 pound range.

The agency's interpretation, however, did not consider, or attempt to reconcile its conclusion with, S5.2(j) of FMVSS 209, which identifies the test procedure for evaluating the retractive forces specified in S4.3(j)(5) and (6). Stated differently, the substantive requirements in FMVSS 209 S4.3(j) (5) and (6) are tied directly to the test procedure in S5.2(j), and there is no analysis of how the United States Testing Company device would perform when tested in accordance with S5.2(j). The 1984 interpretation simply states that both tension modes must exert a retractive force within the specified range without reference to the procedure specified for assessing compliance to these requirements.

Factually, the United States Testing Company device is clearly distinguishable from either of the GM retractor designs. It was apparently designed to activate the lower rate spring simply depending upon whether the vehicle door was open or closed. This is not the case with either of the GM systems reviewed with the agency. The first retractor system requires intentional occupant action -- extracting three to five inches of webbing -- to activate the lover rate spring. The lower rate spring in the second system is activated only when lap belt webbing has been extracted a certain length from its stowed position.

The two GM retractor designs can be tested in accordance with the procedure in S5.2(j) without modifying the hardware or the test procedure. When tested in accordance with S5.2(j), both designs meet the minimum retractor force requirements in S4.3(j)(5) and (6). If it were necessary, however, to modify the retractor hardware or test procedure in some way so that the lower rate springs (which would not otherwise be operational) were tested separately, as is suggested by the agency's February, 1984 interpretation, it is unlikely that these springs could meet the minimum retraction force requirements in S4.3(j)(5) and (6). However, such an interpretation would impose a new substantive requirement upon dual-spring retractors divorced from the test procedure in S5.2(j).

CLOSING

In closing, GM requests that NHTSA provide us a new interpretation indicating that the dual-spring retractor designs which we reviewed with the agency on September 11, and which are further described in Attachments 1 and 2, would comply with the minimum retractor force requirements of S4.3(j)(5) and (6) if tested in accordance with S5.2(j) of FMVSS 209 without separately testing the lower rate springs. In addition, to minimize future concerns relative to the meaning or effect of the February, 1984 interpretation, we ask that NHTSA reevaluate that interpretation, and consider limiting its effect to the facts presented in the United States Testing Company letter.

We trust that the information contained in this letter and presented on September 11 will provide a sufficient basis for the agency to concur with GM's determination regarding the compliance of these dual-spring retractor designs with FMVSS 209. However, please contact me if I can be of any further assistance to you in this matter.

ID: 7468-2

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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

Sincerely,

Paul Jackson Rice Chief Counsel

ref:207#208 d:8/20/92

ID: 7468

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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

Sincerely,

Paul Jackson Rice Chief Counsel

ref:207#208 d:8/20/92