ID: aiam4174

Dear Ms. Boriskie: Thank you for your letter of June 2, 1986, asking for approval of device you have invented which is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. As you requested, the agency will not disclose the details of your proprietary product. Although we understand your concern that young children should not be able to easily get out of a safety belt, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain 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 National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; Your product could significantly increase the difficulty of using th buckle release and thus hinder a person attempting to release the belt in an emergency.; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; I am returning, under separate cover, the samples of your device tha you sent the agency. If you have any further questions, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4271

Dear Mr. Burman: This is in reply to your letter of January 9, 1987, asking for a interpretation of 49 CFR 571.108 Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*. Your client wishes to import, market, distribute and sell a 'clear, plastic headlamp cover...for all makes of cars manufactured in or imported to the United States.' The stated safety purpose of the headlamp cover is 'to protect the glass headlamps on automobiles from breaking.'; three methods of distribution are contemplated: direct sale by you client, sale through auto parts distribution centers, and sale as optional but uninstalled equipment at the time of the vehicle's original sale (the cover in its wrapping would be in the vehicle trunk). You state that the headlamp cover is not intended to be installed by your client, or its distributors and dealers, but will be accompanied by instructions so that the vehicle owner may install it. Warnings will be provided 'about minimum Federal photometric requirements'. You wish to know whether the headlamp cover is subject to Standard No. 108 or any other Federal regulation and, if so, the effect and impact of such regulation.; A plastic headlamp cover is 'motor vehicle equipment', defined i pertinent part by Section 102(4) of the National Traffic and Motor Vehicle Safety Act (15 USC 1391(4)) as 'any...accessory, or addition to the motor vehicle....' Its importer is a 'manufacturer', defined in pertinent part by Section 102(5) of the Act as 'any person importing...motor vehicle equipment for resale'. As a manufacturer of motor vehicle equipment your client has the responsibility imposed by Section 151 *et seq* of the Act to notify and remedy in the event that either it or this agency determines that a safety related defect exists in the product, or that it fails to comply with all applicable Federal motor vehicle safety standards. You have already noted that headlamp covers are not 'a regulated safety device' under Standard No. 108. A 'defect' under Section 102(11) includes ' any defect in performance, construction, components, or materials'. Under the best of circumstances a plastic cover when new will reduce light output of a headlamp beneath its designer's intent, whether or not the output falls below the floor established by Standard No. 108 as a *minimum* for headlamp performance. In service, a plastic headlamp cover may contain condensation under certain climatic conditions, or grow increasingly opaque through exposure to ultraviolet rays or other atmospheric components, either of which would further affect the design performance of the headlamp. A conclusion could be reached that such a cover contained a safety related defect and that its importer should notify all purchasers and remedy according to the Act.; Safety problems associated with headlamp covers led to thei prohibition when the headlamp is in use, initially under SAE J580 for sealed beam headlamps and later by its incorporation into Standard No. 108, for both sealed beam and replaceable bulb headlamps. The specific prohibition of J580 is why passenger cars are not manufactured with original equipment headlamp covers. Under Section 108(a)(1)(A) of the Act, if a dealer sells a noncomplying motor vehicle, he is in violation of the Act, and may be subject to civil penalties for it. These penalties, under Section 109, range up to $1000 for a single violation, with a cumulative total of $800,000 for a related series of violations. If a dealer at time of sale provides the means through which a new car meeting all Federal safety standards may be rendered noncompliant immediately after its delivery, we would regard that as tantamount to his having sold a noncomplying motor vehicle in violation of the Act.; Although there is no Federal prohibition against a vehicle owne installing and using headlamp covers, there may nonetheless be local laws covering the sale and use of this equipment. We offer no views of your client's potential exposure under common law, in such situations as use of a deteriorated cover, or when used with a substandard replacement headlamp, except to note that photometric 'warnings' may serve no defensive purpose. Photometric values at the individual test points are judged under laboratory conditions. Service facilities do not contain equipment by which on-vehicle compliance of the headlamp can be judged, and the eye is a subjective and unreliable source to discriminate between complying and noncomplying levels of light output.; I hope that this answers your questions. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4371

Dear Ms. Tsujishita: Thank you for your letter requesting an interpretation of th requirements of three of our safety standards. This letter responds to your questions concerning Standard No. 201, *Occupant Protection in Interior Impact*. I have previously responded to your requests for interpretations of the other two standards. I regret the delay in this response.; Your questions concern the requirements of S3.5.1(b) of the standard which provides that 'Along not less than 2 continuous inches of its length, the armrest shall, when measured vertically in side elevation, provide at least 2 inches of coverage within the pelvic impact area.' You expressed concern about determining whether several different armrest designs comply with that requirement. Specifically, you provided three examples and asked how the requirement would apply to each example. Your example I11.1 is an armrest that, when viewed in side elevation (i.e., a view in which a person is looking from in front or behind an armrest to determine how the armrest projects from the door surface) has a flat surface. Example I11.2 is an armrest that has a slightly curved surface. Example I11.3 is an armrest with a surface that is steeply angled inward toward the door. Because of the angling of the armrest, it has a sharp projection at its top.; You believe that examples I11.1 and I11.2 comply with the requiremen of S3.5.1(c). You also believe that example I11.3 would not comply because of its sharp projection. However, you expressed concern about what criteria should be used to distinguish example I11.2 from example I11.3.; S3.5.1(c) of Standard No. 201 does not set any radius of curvatur requirements for armrest surfaces. Thus, a manufacturer is not required to provide an armrest with a flat surface. The only requirement is that the armrest provides at least two inches of coverage within the pelvic impact area. The purpose of the requirement is to reduce potential injuries to an occupant by ensuring that the armrest has a minimum surface area that will spread the force resulting from an occupant impacting the armrest in a crash. Thus, for this requirement to have a meaningful effect, an armrest should be designed to ensure that there is at least two inches of contact between the surface of the armrest and the pelvic impact area of an occupant. If your examples I11.1 and I11.2 provide two inches of coverage within the pelvic impact area, they would appear to comply, since they present an essentially flat surface. Based on your drawing, it appears that the steep inwardly sloping angle of the armrest shown in example I11.3 may not contact a minimum of two inches of the pelvic impact area. One method of determining the degree of occupant contact would be to measure the amount of contact between a test dummy and the armrest in a static push test or in a dynamic side impact test. We share your concern that an armrest not have sharp projections which could concentrate potentially harmful forces on an occupant striking the armrest.; Finally, you provide a drawing of an additional armrest. Briefl described, the armrest has a slightly curved surface with a decreasing radius within the pelvic impact area. At the top of the portion of the armrest within the pelvic impact area there is a small indentation. The agency has previously said, in an interpretation letter of July 1, 1893 to MMC Services, Inc., that bezels and other indentations are not precluded by the standard. However, the area of the indentation will not be measured in determining whether the armrest provides two inches of coverage if the indentation is so deep that it cannot be contacted. Based on your drawing, the indentations shown in your proposed armrest is shallow and would be contactable by an occupant. Thus, the surface area of the indentation would be counted in determining whether the vehicle complied.; Finally, I would point out that S3.5.1(c) is one of three optiona means of compliance that manufacturers may choose. A manufacturer may also meet the requirements of Standard No. 201 by complying with either S3.5.1(a) or S3.5.1(b), in which case it is not necessary to provide two inches of coverage with the pelvic impact area.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4145

Dear Ms. Hartman: Thank you for your letter of February 27, 1986, asking how ou regulations affect a product you are considering. In your letter, you asked the agency not to disclose your idea for this product. In a phone conversation of April 28, 1986, with Stephen Oesch of my staff, you waived your request for complete nondisclosure and agreed to the disclosure of a generic description of your product. As you requested, we will not disclose the specific details of your product or the sketches you enclosed with your letter.; Your product is designed to reduce the possibility that a young chil could unbuckle a vehicle safety belt. The product would enclose the buckle of the safety belt, so that it is difficult for a child to operate the buckle release.; We have significant reservations about your product. I hope th following discussion explains our reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain 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 National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a a (sic) minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer meet (sic) the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4151

Dear Mr. Fiani: Thank you for providing the agency with information about your product the Tot-Loc child safety seat belt buckle shield. Your product is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. Your product is a piece of plastic which snaps around and covers the front of a buckle of a safety belt. To open the buckle, a person must insert a car or other key into a slot on top of the plastic cover and depress the safety belt buckle release with the key.; Although we understand your concern that young children not be able t easily get out of a safety belt, we have signification reservations about your product. I hope the following discussion explains our reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain 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 National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: 00473.ztv

Mr. Charles I. Sassoon
President
Panor Corp.
125 Cabot Ct.
Hauppauge, NY 11788

Re: Maxxima Lamp M40130R

Dear Mr. Sassoon:

This is in reply to your letter to Taylor Vinson of this Office. You asked for our opinion whether Federal Motor Vehicle Safety Standard No. 108 permits the "Maxxima LED Sequential Stop/Tail/Turn Signal Lamp M40130R" that your company seeks to manufacture. You did not state whether the Maxxima lamp is intended as original equipment or as replacement equipment.

According to your letter, "when turn signaling is activated, separate sections of light are illuminated sequentially." The stop and tail functions "operate as normal steady burn and intermittent braking respectively." You have enclosed a test report by an independent laboratory indicating that a sample Maxxima lamp met all photometric requirements for the three functions of the lamp. You have also provided a sample of the Maxxima lamp. The Maxxima lamp is circular in shape, and when we activated it, we found that "sequentially" meant that the turn signal function illuminated from the center outwards to the perimeter. However, we found that the stop function also activated identically; the lamp became illuminated in two distinct phases.

Paragraph S5.1.4, Equipment combinations, of Standard No. 108 states that "two or more lamps . . . may be combined if the requirements for each lamp . . . are met," with exceptions not relevant here. Therefore, Standard No. 108 does not prohibit a single lamp that combines complying stop, tail, and turn signal functions. Essential to compliance is conformance to the specifications of SAE standards incorporated by reference in Standard No. 108 as well as specific requirements of Standard No. 108 itself. Because the Maxxima lamp may be used on any four-wheeled motor vehicle regardless of width, its stop lamp function must comply with both SAE J1398 MAY85 and SAE J586 MAY84. The Maxxima turn signal lamp function must comply with both SAE J1395 APR85 and SAE J588 NOV84. The taillamp function must comply with SAE J585e, September 1977, which applies to all vehicles regardless of width.

I enclose a copy of our response to W.E. Baldwin, PhD., who wrote us on September 1, 1988, concerning a sequentially-activated center high-mounted stop lamp. We informed Dr. Baldwin that Standard No. 108 requires stop lamps to be activated upon application of the service brakes, and that this meant that all bulbs providing the center stop signal must be simultaneously activated, not sequentially. Similarly, all light sources providing a turn signal must be illuminated simultaneously when the turn signal operating control is activated. Failure of all light sources to illuminate simultaneously means that the stop and turn signal functions of the Maxxima lamp would not comply with the minimum luminous lens area requirement of applicable SAE standards at all times after the brake pedal is applied or the turn signal operating control is activated. Thus, the stop and turn signal function of the Maxxima lamp would not comply with Standard No. 108.

Standard No. 108 also requires a minimal size for the functional lighted lens area of a turn signal lamp. The Maxxima turn signal lamp function must comply with SAE J1395 APR85, paragraph 5.3.2 of which specifies that the area be at least 75 square centimeters for turn signal lamps on vehicles whose overall width is 80 inches or more. Paragraph S5.1.1.26(a) of Standard No. 108 specifies that this area be at least 50 square centimeters for narrower vehicles.When the turn signal function is activated on the Maxxima lamp, the minimum area requirement is not met at the time the first cycle begins because of the sequential nature of the lamps operation, a further noncompliance with Standard No. 108.

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:108
d.5/22/03

ID: nht90-3.62

TYPE: INTERPRETATION-NHTSA

DATE: 08/22/90

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: HANNO WESTERMANN--HELLA KG HUECK & CO.

TITLE: NONE

ATTACHMT: LETTER DATED 2-6-87 TO DR. BURGETT FROM HANNS-OUTFRIED WETERMANN; ALSO ATTACHED TO GRAPHS (INFORMATION OMITTED)

TEXT:

This is in reply to your letter to Dr. Burgett of this agency with respect to "multi bulb devices", specifically "how the requirements for one-, two-, or three compartment lamps (lighted sections) as it is documented in FMVSS No. 108, Figure 1b have to b e interpreted. . . ." You have asked this question because "Hella would like to equip motor vehicles with signalling devices which have--opposite to conventional lamps--a great number of replaceable miniature bulbs instead of e.g. one 32 cp bulb." Your question assumes that Standard No. 108 is to be interpreted in a manner that equates the number of lighted sections with the number of bulbs providing the light. Finally, you have stated that the total area of the lamp is not larger than current one-co mpartment lamps.

We regret the delay in responding to your letter, but we have recently completed rulemaking, begun in September 1988, which is relevant to your question. On May 15, 1990, an amendment to Standard No. 108 was published, effective December 1, 1990, the ef fect of which is to restrict Figure lb to replacement equipment. I enclose a copy of the amendment for your information.

Your question relates to "signalling devices" for new motor vehicles, and Figure lb shows that, specifically, you refer to turn signal lamps. Beginning December 1, 1990, Standard No. 108 will specify two different standards for turn signal lamps. If the lamp is intended for use on multipurpose passenger vehicles, trucks, buses, and trailers whose overall width is 80 inches or more, it must be designed to conform to SAE Standard J1395 APR85 "Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width." SAE J1395 also provides that these lamps may be used on vehicles less than this width, except for passenger cars. If a motor vehicle is not equipped with a turn signal lamp designed to conform to SAE J1395, it must be equipped with a t urn signal lamp designed to conform to SAE Standard J588 NOV84 "Turn Signal Lamps for Use on Motor Vehicles Less Than 2032 mm in Overall Width."

In the May 1990 amendments, section S3 of Standard No. 108 was amended to add a definition for "Multiple Compartment Lamp". such a lamp is "a device which gives its indication by two or more separately lighted areas which are joined by one or more common parts, such as a housing or lens." The multiple bulb device that you described appears to meet this definition.

SAE J1395 establishes luminous intensity minima and maxima photometric requirements without reference to either compartments or lighted sections, and all that is required is for the lamp to comply at the individual test points specified. New section S5. 1.1.31 clarifies that measurements of a multiple compartment turn signal lamp on vehicles to which SAE J1395

applies are to made for the entire lamp and not for the individual compartments.

However, SAE J588 NOV84 continues to specify different minimum photometric requirements for one, two, and three "lighted sections". Because the SAE does not prescribe photometric requirements for more than three lighted sections, we have concluded that any device that contains more than three lighted sections need only comply with the requirements prescribed for three lighted sections.

I hope that this is responsive to your request.

ID: 2622y

Herr Hanno Westermann
Hella KG Hueck & Co
Postfach 28 40
4780 Lippstadt
W. Germany

Dear Herr Westermann:

This is in reply to your letter to Dr. Burgett of this agency with respect to "multi bulb devices", specifically "how the requirements for one-, two-, or three compartment lamps (lighted sections) as it is documented in FMVSS No. 108, Figure lb have to be interpreted. . . ." You have asked this question because "Hella would like to equip motor vehicles with signalling devices which have --opposite to conventional lamps--a great number of replaceable miniature bulbs instead of e.g. one 32 cp bulb." Your question assumes that Standard No. l08 is to be interpreted in a manner that equates the number of lighted sections with the number of bulbs providing the light. Finally, you have stated that the total area of the lamp is not larger than current one-compartment lamps.

We regret the delay in responding to your letter, but we have recently completed rulemaking, begun in September l988, which is relevant to your question. On May 15, l990, an amendment to Standard No. l08 was published, effective December 1, l990, the effect of which is to restrict Figure 1b to replacement equipment. I enclose a copy of the amendment for your information.

Your question relates to "signalling devices" for new motor vehicles, and Figure 1b shows that, specifically, you refer to turn signal lamps. Beginning December l, l990, Standard No. 108 will specify two different standards for turn signal lamps. If the lamp is intended for use on multipurpose passenger vehicles, trucks, buses, and trailers whose overall width is 80 inches or more, it must be designed to conform to SAE Standard J1395 APR85 Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width. SAE J1395 also provides that these lamps may be used on vehicles less than this width, except for passenger cars. If a motor vehicle is not equipped with a turn signal lamp designed to conform to SAE J1395, it must be equipped with a turn signal lamp designed to conform to SAE Standard J588 NOV84 Turn Signal Lamps for Use on Motor Vehicles Less Than 2032 mm in Overall Width. In the May l990 amendments, section S3 of Standard No. 108 was amended to add a definition for "Multiple Compartment Lamp". Such a lamp is "a device which gives its indication by two or more separately lighted areas which are joined by one or more common parts, such as a housing or lens." The multiple bulb device that you described appears to meet this definition.

SAE J1395 establishes luminous intensity minima and maxima photometric requirements without reference to either compartments or lighted sections, and all that is required is for the lamp to comply at the individual test points specified. New section S5.1.1.31 clarifies that measurements of a multiple compartment turn signal lamp on vehicles to which SAE J1395 applies are to made for the entire lamp and not for the individual compartments.

However, SAE J588 NOV84 continues to specify different minimum photometric requirements for one, two, and three "lighted sections". Because the SAE does not prescribe photometric requirements for more than three lighted sections, we have concluded that any device that contains more than three lighted sections need only comply with the requirements prescribed for three lighted sections.

I hope that this is responsive to your request.

Sincerely,

Paul Jackson Rice Chief Counsel ref:l08 d:8/22/90

ID: nht76-2.49

DATE: 11/24/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: The Commonwealth of Massachusetts; Registry of Motor Vehicle

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 29, 1976, question whether specific aspects of Massachusett's requirements for the construction, location, and size of fuel tanks in school buses would be preempted by the Federal requirements for school bus fuel system integrity that become effective April 1, 1977 (Standard No. 301-75, Fuel System Integrity). I regret that we have not responded to your questions sooner.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Act) 15 U.S.C. @ 1392(d) does preempt State motor vehicle safety requirements of general applicability that are not identical to a Federal standard applicable to the same aspect of performance. In the cases you cite, it appears that the fuel tank seams and the location of the tank are items of design that are identical to the aspects of performance (integrity of the fuel system) regulated by the barrier impact tests of Standard No. 301-75. It is the opinion of the NHTSA that these aspects of fuel system construction are preempted by Standard No. 301-75, effective April 1, 1977. In developing the performance requirements of the standard, the agency did not intend to regulate fuel tank size.

The second sentence of @ 103(d) clarifies that the limitation on safety regulations of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. Thus the Commonwealth of Massachusetts or its political subdivisions could specify additional fuel system features in the case of public school buses. The second sentence does not, however, permit these governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable safety standards. A school bus manufacturer must continue to comply with all applicable standards.

SINCERELY,

The Commonwealth of Massachusetts Registry of Motor Vehicles

June 29, 1976

Chief Legal Counsel National Highway Traffic Safety Adm. Department of Transportation

Enclosed is a copy of current rules and regulations concerning minimum standards for construction and equipment of school buses. We have two distinct bus categories, a type I bus has a seating capacity of seventeen or more passengers and a type II bus has a seating capacity of sixteen or less passengers.

On page 16 under fuel system we specify the minimum capacity of a fuel tank for either type bus and we also state where said tank shall be mounted. We also require both type buses to have a tank meeting Motor Carrier Safety Regulations. On the type II school bus, the chassis manufacturers have a tank that is mounted at the rear of the vehicle. We have always considered this as a hazardous and dangerous location. A small bus hit in the rear, with a fire ensuing in that area would render the emergency door useless for evacuation. The same would apply when such a bus is tipped over on its' right side rendering the service entrance useless. If a fire occurred at the rear, the emergency door could not be used and the children would be trapped inside the vehicle.

In reference to F.M.V.S. Standard 301, Fuel System integrity I am posing several questions.

1. Will this standard pre-empt Massachusetts requirements for special heavy duty welded seam fuel tanks on both type I and type II school buses?

2. Will this standard force us to accept a standard 301 tank mounted wherever the chassis manufacture wishes to mount same or can we retain our requirement of mounting the tank on either side of a type II school bus.

3. Will this standard specify the minimum capacity of a fuel tank?

Charles V. Mulhern Supervisor School Bus Inspection

[ENCLOSURE OMITTED.]

ID: nht88-1.16

TYPE: INTERPRETATION-NHTSA

DATE: 01/14/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Nissan Research & Development, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Toshio Maeda Executive Vice President & Chief Operating Officer Nissan Research & Development, Inc. P.O. Box 8650 Ann Arbor, Michigan 48104

Dear Mr. Maeda:

This is in reply to your letter of June 30, 1987, asking for an interpretation of paragraph 54.1.1.36(b)(3) of Motor Vehicle Safety Standard No. 108.

That paragraph specifies in pertinent part that a replaceable bulb headlamp shall be designed to conform to Section 6.1-Aiming Adjustment Test, of SAE Standard J580 AUG79 Sealed Beam Headlamp Assembly. Section 6.1.1 states that "when the headlamp assembl y is tested in the laboratory, a minimum aiming adjustment of +/-4 deg. shall be provided in both the vertical and horizontal planes." You have asked whether the aiming adjustment is to be achieved by the headlamp assembly, or by both the headlamp assemb ly "and by the headlamp when it is mounted on the vehicle."

SAE J580 applies to the design of headlamp assemblies, including the functional parts other than the headlamps, such as aiming and mounting mechanisms and hardware. The assembly may include one or more headlamps. Although the headlamp assembly is tested in the laboratory, its design must be identical to the headlamp assembly used on the vehicle. Thus, if the aiming adjustment requirement is met by the headlamp assembly in the laboratory, it should also be met when the assembly is installed on the vehicl e. An individual headlamp installed on the vehicle need not meet the aiming adjustment test unless that headlamp is part of a headlamp assembly comprising only one headlamp.

I hope that this answers your question.

Sincerely,

Erika Z. Jones Chief Counsel

June 30, 1987 Ref: W-253-H

Ms. Erika Jones Chief Counsel National Highway Traffic Safety Administration 400 7th St., S.W. Room 5219 Washington, D.C. 20590

Dear Ms. Jones:

Nissan Research & Development, Inc., on behalf of Nissan Motor Company, Ltd. of Tokyo, Japan, hereby submits this request for an interpretation relating to the replaceable bulb headlamp aiming provisions in Federal Motor Vehicle Safety Standard 108, "Lam ps, Reflective Devices and Associated Equipment."

Among its requirements, S4.1.1.36(b) (3) of Standard 108 stipulates that the replaceable bulb headlamp shall be designed to conform to Section 6.1 - "Aiming Adjustment Test" of SAE J580 AUG79, "Sealed Beam Headlamp Assembly.

Item 6.1.1 of the above-referenced "Aiming Adjustment Test" states that, "when the headlamp assembly is tested in the laboratory, a minimum aiming adjustment of + 4 deg. shall be provided in both the vertical and horizontal planes."

Nissan's question is whether this minimum aiming adjustment requirement is to be achieved:

1. by the headlamp assembly (by the component unit) itself, or

2. by both the headlamp assembly (as a component unit)

and by the headlamp when it is mounted on the

vehicle?

Erika Jones June 30, 1987 Page Two

Thank you very much for your assistance. Please contact Mr. Tomoyo Hayashi of my Washington staff at (202) 466-5284, if you have any questions or require further details. I would appreciate it if you would please also notify Mr. Hayashi when your respons e has been issued.

Sincerely,

Toshio Maeda Executive Vice President & Chief Operating Officer