ID: 21419.drn

Mr. Mac Yousry
Global Vehicle Services, Corp.
1238 West Grove Avenue
Orange, CA 92865





Dear Mr. Yousry:





This responds to your request for an interpretation of wiped or cleared areas specified in Standard No. 104, Windshield Wiping and Washing Systems. You asked two questions, which are answered below.

Your letter concerns S4.1.2 of Standard No. 104, which establishes three windshield areas, designated as "A," "B," and "C," for passenger cars. Each area is required to have a certain percentage of the windshield area wiped as indicated in Figures 1 and 2 of SAE Recommended Practice J903a (May 1966), using the angles specified in Tables I, II, III and IV of Standard No. 104. The standard also provides that the percentage of each area required to be cleared must also be within the area bounded by a perimeter line on the glazing surface one inch from the edge of the daylight opening.

You note that Standard No. 104 does not specify whether Areas A, B and C must fall inside the boundaries of the daylight opening of the windshield. You state that new passenger car designs may utilize smaller windshields, even though the overall width of the vehicle may not be any narrower than typical passenger cars. You believe that on such smaller windshields, parts of Areas A, B, and C may fall outside the daylight opening or even outside the area bounded by the windshield frame.

Your first question asks "Must all of the area of windshield areas A, B and C fall inside the area of the windshield bounded by a perimeter line on the glazing surface one inch from the edge of the daylight opening?"

The answer is no. In an interpretation letter of May 6, 1997, to Mr. Jiri Misik (copy enclosed), the National Highway Traffic Safety Administration stated that Area A is that portion of the total area bounded by the angles in Tables I through IV of Standard No. 104 that is also within a perimeter 25 mm within the daylight opening of the windshield frame. The agency noted that it is not necessary that the windshield be large enough to contain the whole area bounded by angles (of which 16 to 18 is the left border).

Although the answer to Mr. Misik addressed only Area A, the analysis also applies to Areas B and C.

Your second question asks:

(a)  Should the percentage of the areas A, B and C, which must be wiped, be calculated utilizing the full areas of A, B, and C even if parts thereof are outside the daylight opening of the windshield?

(b)  Or, should the percentages of areas A, B and C, which must be wiped, be calculated utilizing only parts of areas A, B and C that actually fall inside the area of the windshield bounded by a perimeter line on the glazing surface one inch from the edge of the daylight opening?

As explained below, the answer to the second question is (b). In Standard No. 104, S4.1.2 states the following:

Wiped area. When tested wet in accordance with SAE Recommended Practice J903a, May 1966, each passenger car windshield wiping system shall wipe the percentage of Areas A, B, and C of the windshield (established in accordance with S4.1.2.1) that (1) is specified in column 2 of the applicable table following subparagraph S4.1.2.1 and (2) is within the area bounded by a perimeter line on the glazing surface 25 millimeters from the edge of the daylight opening.

The description and control of the minimum windshield area to be wiped is described at S3.1 of SAE Standard J903a (copy enclosed). S3.1.2.1 states in part:

The minimum windshield area that shall be wiped is described by the use of three specific areas on the windshield glazing surface. The three areas are identified in Table 1 as areas A, B, and C. Each area has been established using the angles of Table 1 applied as shown in Figs. 1 and 2. In Fig. 1 (side view), the upper and lower boundary of the area is established by the intersection of two planes, tangent to the upper and lower sides of the eye range contour, with the windshield glazing surface. The planes are fixed by angles above and below the glazing surface reference line. In Fig. 2 (plan view), the left and right boundaries of the area are established by the intersection of two planes tangent to the left and right sides of the eye range contour. The planes are fixed by angles to the left and right of the plan view reference line. ...

S3.1.2.1's description means that Areas A, B and C are not fixed, predetermined areas for all windshields, but are areas that vary from windshield to windshield. The variables are the angle of measurement and the width of the car. S4.1.2 of Standard No. 104 adds another variable by describing Areas A, B and C as within the area bounded by a perimeter line on the glazing surface 25 millimeters from the edge of the daylight opening.

Please note that in Standard No. 104, Tables I, II, III, and IV all specify that after the test is conducted, a minimum of 80% of Area A must be wiped, a minimum of 94% of Area B must be wiped, and a minimum of 99% of Area C must be wiped.

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 by telephone at (202) 366-2992.





Sincerely,





Frank Seales, Jr.
Chief Counsel

Enclosures

ref:104
d.8/11/00

ID: nht92-2.32

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: PAUL JACKSON RICE -- CHIEF COUNCEL, NHTSA; UNDER SECRETARY -- MINISTRY OF COMMERCE AND INDUSTRY, KUWAIT

ATTACHMT: ATTACHED TO LETTER FROM UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY TO PAUL J. RICE

TEXT: Due to some information received by the ministry that there are some companies who were dumping some defected and regected tyres in the area and for the safety of vehicles passengers the Ministry of Commerce & Industry had issued the Ministrial Degree no 3/1982 requiring that all imported vehicles tyres must be brand new and complying with international standards and that every shipment of such tyres must be accompanied by quality certificate issued by independent officially recognize body as an authority which has an ability of testing and prooving the quality of these tyres in accordance with these standards.

Accordingly we have received the certificates of quality from many authorized agencies from different countries and most of these certificates are valid for aperiod of time (One year - two years)

For U.S.A. we have not been able to obtain such certificate and the only certificate we are receiving now from a company named Societe Generale de Surveillance (SGS) which issued certificate for each shipment separetally and which does only visual test and not actual labrotary testing.

In order to obtain information concerning regulations and standards for motor relicles we have contacted the USA embassy in kuwait who has supplied us with standards NO, 569, 571.109, 571.110, 571.117, 571.119, 571.120, 571.129, 574.1 - 6, 575.1 - 7, 575.101 - 104, which have been issued by your administration.

This responds to your letter concerning 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 recall the tires and 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.

ID: 11517WKM

Under Secretary
Ministry of Commerce & Industry
Post Office Box 2944, Code No. 13030
Kuwait

Dear Mr. Under Secretary:

This responds to your letter of December 25, 1995, to the Department of Transportation asking about conformity certificates for tires. You stated that Ministerial Decree No. 3/82 of Kuwait states that every consignment of motor vehicle tires entering Kuwait should have a conformity certificate issued by an authorized body in the country of origin. You asked whether the Rubber Manufacturers Association (RMA) is authorized to issue such certificates after testing in accordance with U. S. safety standards.

Please find enclosed a copy of a November 13, 1992, letter written to the Ministry by this agency, the National Highway Traffic Safety Administration (NHTSA), in which we described in detail the requirements for certification of tires under U.S. law. The requirements described in that letter are still in effect.

Briefly stated, U.S. law establishes a self-certification system in which tire manufacturers certify, normally based on testing and/or analysis, that their tires comply with all applicable U.S. Federal motor vehicle safety standards. Manufacturers must indicate their self-certification by marking the letters ADOT@ on the sidewalls of their tires. Under U. S. law, a manufacturer's self-certification is legally equivalent to a type approval under the law of a country whose conformance procedures rely upon type approval. We respectfully suggest that you recognize self-certification as a way of meeting Ministerial Decree No. 3/82, adjusting for the particulars of the U.S. system. There is precedent for regarding type approval and self-certification as equivalent in this context. Although neither the U.S. nor Kuwait are signatories to the UN/ECE AAgreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions@ (E/ECE/TRANS/505 Rev.2, 5 October 1995), we note that Article 1 of that agreement recognizes self-certification as an acceptable alternative to type approval.

All tires bearing the symbol ADOT@ are recognized by the United States as having been certified by the tire manufacturers as being in conformity with all applicable U.S. safety standards. There

is no provision in U.S. law for prior certification or approval by NHTSA, the U.S. agency responsible for the law=s implementation, or by any other entity. NHTSA monitors compliance with the standards by randomly purchasing tires in the retail market and testing them in accordance with test procedures specified in the standards. If a manufacturer's tires fail to meet applicable standards during NHTSA testing, the manufacturer is requested by NHTSA to provide any available test data and/or the results of any analysis underlying its certification. If the tires are ultimately determined to be in noncompliance with applicable standards, the manufacturer is required to conduct a notification and remedy campaign, known as a Arecall,@ to correct the problem at no cost to consumers.

In summary, U.S. law establishes a self-certification system in which tire manufacturers themselves certify that their tires comply with all applicable Federal motor vehicle safety standards. Therefore, since conformance procedures for U.S. tire standards are based on self-certification instead of type approval, no independent body, governmental or nongovernmental, is authorized to issue conformity certificates with respect to U. S. tire safety standards.

I hope this information is helpful to you. Should you have any additional questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992, or FAX (202) 366-3820.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

Ref: #109#119#574 d:3/19/96

ID: 10194

August 26,
1994

Mr. Richard Kreutziger Executive Director New York School Bus Distributors Association 102 Grace Street Penn Yan, NY 14527

Dear Mr. Kreutziger:

This responds to your facsimile transmittal letter to me of July 19, 1994.

Your letter referred to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release (49 CFR 571.217), and asked whether emergency exits on school buses with a gross vehicle weight rating (GVWR) of less than 4,536 kilograms (10,000 pounds) and a passenger capacity of 2 to 16 seated and/or wheelchair positions, are required to be outlined with retroreflective tape as specified in paragraph S5.5.3(c) of the standard.

In 49 CFR 571.3, this agency defines a bus as a motor vehicle, except a trailer, designed to carry more than 10 persons, and further defines a school bus as

[A] bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

Whether or not a vehicle is a school bus, therefore, depends on its use (transporting the specified students) and seating capacity (more than 10), and not GVWR. Accordingly, if the seating capacity of a vehicle is 10 or less, it is not a bus and likewise not a school bus, regardless of use or GVWR. Such a vehicle would not be required to comply with the requirements of FMVSS No. 217.

Vehicles meeting the definition of school bus would be subject to the requirements of FMVSS No. 217. Section S5.5 of the standard, Emergency Exit Identification, specifies the marking

requirements for emergency exits on all buses. Sections S5.5.1 and S5.5.2 apply to non-school buses, while section S5.5.3 applies to all school buses, without regard to GVWR.

Paragraph S5.5.3(c) provides:

Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white, or yellow in color, that when tested under the conditions specified in S6.1 of 571.131, meets the criteria specified in Table 1.

We would like to emphasize two points with regard to your letter. The first is that only those emergency exits that are required by the standard are subject to this provision. Extra emergency exits added as options are encouraged, but not required, to be outlined with the tape. The other point is one that I made in a May 18, 1994 letter to you. A technical amendment is pending publication which will amend the size requirement for the width of the retroreflective tape, from a minimum of 3 centimeters (cm.) to a minimum of 2.5 cm. That amendment is necessary because retroreflective tape is not commercially available in 3 cm. widths. Until the correction is issued, NHTSA will not take enforcement measures regarding tape width size against a manufacturer who uses one inch wide (minimum 2.5 cm.) retroreflective tape.

In closing, bear in mind that all school buses are required to have a specified number of emergency exits, the number and location of which depend on the seating capacity of the vehicle, regardless of the GVWR, and all required emergency exits must be outlined with the retroreflective tape.

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

Sincerely,

John Womack Acting Chief Counsel ref:217 d:8/26/94

ID: nht94-4.11

TYPE: Interpretation-NHTSA

DATE: August 26, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Richard Kreutziger -- Executive Director, New York School Bus Distributors Association (Penn Yan, NY)

TITLE: None

ATTACHMT: Attached to letter (fax) dated 7/19/94 from Richard Kreutziger to John Womack (OCC 10194)

TEXT:

This responds to your facsimile transmittal letter to me of July 19, 1994.

Your letter referred to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release (49 CFR 571.217), and asked whether emergency exits on school buses with a gross vehicle weight rating (GVWR) of less that 4,536 kilograms (10,000 pounds) and a passenger capacity of 2 to 16 seated and/or wheelchair positions, are required to be outlined with retroreflective tape as specified in paragraph S5.5.3(c) of the standard.

In 49 CFR 571.3, this agency defines a bus as a motor vehicle, except a trailer, designed to carry more than 10 persons, and further defines a school bus as

(A) bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportati on.

Whether or not a vehicle is a school bus, therefore, depends on its use (transporting the specified students) and seating capacity (more than 10), and not GVWR. Accordingly, if the seating capacity of a vehicle is 10 or less, it is not a bus and likewis e not a school bus, regardless of use or GVWR. Such a vehicle would not be required to comply with the requirements of FMVSS No. 217.

Vehicles meeting the definition of school bus would be subject to the requirements of FMVSS No. 217. Section S5.5 of the standard, Emergency Exit Identification, specifies the marking requirements for emergency exits on all buses. Sections S5.5.1 and S 5.5.2 apply to non-school buses, while section S5.5.3 applies to all school buses, without regard to GVWR.

Paragraph S5.5.3(c) provides:

Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white, or yellow in color, that when tested under the conditions specified in S6.1 o f 571.131, meets the criteria specified in Table 1.

We would like to emphasize two points with regard to your letter. The first is that only those emergency exits that are required by the standard are subject to this provision. Extra emergency exits added as options are encouraged, but not required, to be outlined with the tape. The other point is one that I made

in May 18, 1994 letter to you. A technical amendment is pending publication which will amend the size requirement for the width of the retroreflective tape, from a minimum of 3 centimeters (cm.) to a minimum of 2.5 cm. That amendment is necessary becau se retroreflective tape is not commercially available in 3 cm. widths. Until the correction is issued, NHTSA will not take enforcement measures regarding tape width size against a manufacturer who uses one inch wide (minimum 2.5 cm.) retroreflective tap e.

In closing, bear in mind that all school buses are required to have a specified number of emergency exits, the number and location of which depend on the seating capacity of the vehicle, regardless of the GVWR, and all REQUIRED emergency exits must be ou tlined with the retroreflective tape.

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

ID: nht93-4.31

DATE: June 11, 1993

FROM: Howard M. Smolkin -- Acting Administrator, U.S. Department of Transportation, NHTSA

TO: Laura J. Platter

COPYEE: Barbara A. Mikulski -- United States Senate

TITLE: None

ATTACHMT: Attached to letter dated 5-21-93 from Carl W. Vogt to Howard Smolkin (OCC 8692)

TEXT: This responds to your letter to Senator Barbara Mikulski about the Federal government's classification of minivans for safety purposes. You were concerned that classifying minivans as trucks rather than passenger vehicles would permit these vehicles to be equipped with fewer safety features.

Congress has authorized this agency, the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards that are applicable to new motor vehicles and items of motor vehicle equipment. In the last few years, NHTSA has extended nearly all the passenger car safety standards to cover light trucks and multipurpose passenger vehicles (MPVs). (Minivans are typically considered to be MPVs under our safety standards.)

The only significant safety requirement for passenger cars that the agency has not extended to light trucks and MPVs is dynamic side impact protection. This is a new requirement that is being phased in for passenger cars beginning this September. NHTSA is currently in rulemaking to consider whether the dynamic side impact protection requirements should be extended to light trucks and MPV's, and published an advance notice of proposed rulemaking on this subject in June 1992.

I hope this information is helpful to you.

ID: 8692

Ms. Laura J. Platter
6662 Mohawk Court
Columbia, MD 21046

Dear Ms. Platter:

This responds to your letter to Senator Barbara Mikulski about the Federal government's classification of minivans for safety purposes. You were concerned that classifying minivans as trucks rather than passenger vehicles would permit these vehicles to be equipped with fewer safety features.

Congress has authorized this agency, the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards that are applicable to new motor vehicles and items of motor vehicle equipment. In the last few years, NHTSA has extended nearly all the passenger car safety standards to cover light trucks and multipurpose passenger vehicles (MPVs). (Minivans are typically considered to be MPVs under our safety standards.)

The only significant safety requirement for passenger cars that the agency has not extended to light trucks and MPVs is dynamic side impact protection. This is a new requirement that is being phased in for passenger cars beginning this September. NHTSA is currently in rulemaking to consider whether the dynamic side impact protection requirements should be extended to light trucks and MPV's, and published an advance notice of proposed rulemaking on this subject in June 1992.

I hope this information is helpful to you.

Sincerely,

Howard M. Smolkin Acting Administrator

cc: The Honorable Barbara A. Mikulski

ref:571 d:6/11/93

ID: 1984-2.15

TYPE: INTERPRETATION-NHTSA

DATE: 07/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Wesbar Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. C. I. Nielsen III Vice President - Marketing Wesbar Corporation Box 577 West Bend, Wisconsin 53095

Dear Mr. Nielsen:

This is in reply to your letter of May 16, 1984, to Mr. Vinson of this office seeking an interpretation of Motor Vehicle Safety Standard No. 108. You wish to know whether the minimum effective projected luminous lens area for stop lamps and turn signal lamps on trailers whose overall width is 80 inches or greater is 8 square inches or 12 square inches. You cite an apparent conflict between paragraph S4.1.1.6 and SAE Standard J586d, and paragraph S4.1.1.7 and SAE Standard J588f. You have asked for an interpretation so that Wesbar may properly design a "combination tail lamp."

First, we will confirm the advice provided by "D.O.T. staff people" that the latest SAE revisions, J586d and J588f, have not been adopted.

You do not state the intended use of your proposed lamp, so we will assume that it will be sold to trailer manufacturers as original equipment, and to the aftermarket as replacement equipment. As original equipment, it must comply with the requirements specified in Table I of Standard No. 108, SAE J586c for stop lamps and SAE J588e for turn signal lamps. Paragraph 3.2 of each standard specifies a minimum effective projected luminous lens area of 8 square inches.

Paragraphs S4.1.1.6 and S4.1.1.7 become relevant, however, if Wesbar intends the lamp as replacement equipment on trailers manufactured before September 1, 1978, and after January 1, 1972 (turn signal lamps) and January 1, 1973 ( stop lamps). Under paragraphs S4.1.1.6 and S4.1.1.7 replacement stop and turn signal lamps for trailers manufactured within the 1972-1978 time frame may meet either J586b or J586c, and either J588d or J588e. We note that neither J586b nor paragraph S4.1.1.6 establish a minimum luminous lens area for stop lamps. However, a manufacturer who chooses to comply with paragraph S4.1.1.7 rather than J588e would have to provide the minimum specified luminous lens area of 12 square inches for turn signal lamps of trailers whose overall width was 80 inches or more, the requirement specified in J588d for Class A turn signal lamps. We view this interpretation as one of historical interest than current relevance.

In summary, if Wesbar designs its lamp to the 8-inch requirement, it would appear to meet specifications for application either as original or replacement equipment.

Sincerely,

Frank Berndt Chief Counsel

May 16, 1984

Department of Transportation 400 - 7th Street SW Washington, D.C. 20590

Attention: Mr. Taylor Vincent, Legal Counsel

Dear Mr. Vincent:

Re: Request for D.O.T. 108 Interpretation

Wesbar is a lamp manufacturer currently designing a new submersible boat trailer lamp, which we would like to introduce this fall at the national trade show. The reason we are writing you at this time is that we find we have a need for a written interpretation clarifying a section of Federal Motor Vehicle Safety Standard No. 108 regarding the lamps used on trailers over 80 inches wide.

The need for the interpretation arrives from several sources, which include the latest SAE Engineering Handbook, several D.O.T. staff, and the marketplace. The area needing clarification is the number of square inches actually needed (of effective projected luminous area) for a STOP LAMP (D.O.T.-108, S4.1.1.6 vs. SAE J586d) and a TURN LAMP (D.O.T.-108, S4.1.1.7 vs SAE J588f). The current SAE Handbook calls out 8 square inches of "effective projected luminous lens" area as the minimum for either a turn or stop lamp used on a trailer 80 inches or more in width. We followed this up by questioning several D.O.T. staff people. They stated the latest SAE standards revisions had not been adopted by D.O.T. and therefore the 12 square inch requirement (of effective projected luminous lens area) must still be met when the light is used on trailers 80 inches or more in width. This was consistent until one staff member learned of Peterson Manufacturing's (Anderson Marine Division) #450 series "8-in-one", which is promoted for use on over 80 inch wide trailers, that has only 8 square inches of lens -- then we were told 8 square inches would be sufficient.

As you are probably well aware, the U.S. marketplace is more price competitive and quality conscious than ever before. Therefore, while we, as a lamp manufacturer, sincerely wish to meet every letter of the law, we also need to be as up-to-date and cost competitive as possible, and this is why we have been directed to you. Is the old standard still current or is a new generation of tail lights, such as Peterson's #450 series submersible tail light, now acceptable to meet the standard?

Thank you in advance for your time and consideration in reviewing this matter. It is important that we receive your written interpretation as soon as possible for it will have great impact on the design and cost of our new proposed combination tail light, as well as keep us "on schedule" for its introduction.

Sincerely,

WESBAR CORPORATION

C. I. Nielsen III Vice President - Marketing

CIN:mk

ID: 12089.MLS

Mr. William Shapiro
Manager, Regulatory Compliance
Volvo Cars of North America, Inc.
15 Volvo Drive
Rockleigh, NJ 07647

Dear Mr. Shapiro:

This responds to your inquiry about the labeling requirements in S5.2.2.2 of Standard No. 116, Motor Vehicle Brake Fluid (49 CFR §571.116). You ask whether the wet boiling point marked on a package of DOT 4 brake fluid should be "the minimum wet boiling point of the DOT brake fluid in the container," or the minimum wet boiling point that DOT 4 brake fluid must meet under the standard, i.e., 311 degrees F. The answer is the former.

Section S5.2 of Standard 116 sets forth packaging and labeling requirements for brake fluid containers. Section S5.2.2.2(f) requires each container to be marked with "The minimum wet boiling point in Fahrenheit of the DOT brake fluid in the container." (Emphasis added). Under S5.1.2, the wet equilibrium reflux boiling point ("wet boiling point") of DOT 4 brake fluid must not be less than 311 degrees F.

Because section S5.2.2.2(f) specifically requires the labeling to be of the wet boiling point of the DOT brake fluid "in the container," the value for the brake fluid in the container is marked on the label. This interpretation is consistent with a February 7, 1975 letter to Mr. Paul Utans in which the agency concluded that a label that specified a wet boiling point of 320 degrees F. "meets our requirements."

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:116
d:7/24/96

ID: 3327o

Mr. C. I. Nielsen III
Vice President/General Sales Manager
Wesbar Corporation
Post Office Box 577
West Bend, WI 53095

Dear Mr. Nielsen:

This is in reply to your letter of November ll, l988, asking for an interpretation of Motor Vehicle Safety Standard No. l08. Specifically, you find unclear the "minimum square inches required of a turn signal lens for a trailer/vehicle, 80" or more in overall with, using a single compartment lamp assembly".

As you stated, the applicable standard is SAE J588e Turn Signal Lamps, September 1970. This standard does not set minimum area requirements per se for turn signal lenses, but it does specify minimum requirements for "effective projected luminous areas" of turn signal lamps. With respect to a single compartment turn signal lamp, section 3.2 of J588e requires this area, when measured on a plane at right angles to the axis of the lamp, to be at least 8 square inches for a rear lamp, and at least 3.5 square inches for a front lamp.

As you are probably aware, on September 9 of this year the agency proposed adopting SAE J1395 APR85 Turn Signal Lamps for Use on Motor Vehicles 2032mm or More in Overall Width. Its section 5.3.2 requires "the functional lighted lens area of a single lamp" to be at least 75 square centimeters (12 square inches). The agency is currently reviewing the comments received on the proposal.

I hope that this clarifies the matter for you.

Sincerely,

Erika Z. Jones Chief Counsel

ref:l08 d:l2/30/88