ID: 1769y

Mabel Y. Bullock, Esq.
Assistant Attorney General
State of North Carolina
Department of Justice
P. O. Box 629
Raleigh, NC 27602-0629

Dear Ms. Bullock:

Thank you for your letter to Ms. Susan Schruth of my staff, regarding North Carolina General Statute 20-127, Windshields must be unobstructed. I regret the delay in responding. You enclosed a copy of the statute, the regulations implementing it, a copy of a December 18, l987 legal memorandum prepared by your department concluding that a State statute or regulation allowing 35% light transmittance through windows in motor vehicles would be preempted by current Federal safety laws and standards regulating this same subject matter, and a copy of a May 6, 1988 letter from the Motor and Equipment Manufacturers Association (MEMA) to Mr. William S. Hiatt, the Commissioner of Motor Vehicles for North Carolina, asserting that the North Carolina statute was not preempted by Federal laws and regulations. You asked for my opinion as to whether the North Carolina statute conflicts with any provision of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. /1381 et seq.) or with the Federal Motor Vehicle Safety Standards (49 CFR 571.1 et seq.).

Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. One of the standards that we have issued under this authority is Standard No. 205, Glazing Materials (49 CFR /571.205), which applies to all new vehicles and all new glazing materials for use in motor vehicles. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance (70 percent light transmittance in areas requisite for driving visibility, which includes all windows in passenger cars).

Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) specifies that, "No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ..." Because of this statutory requirement, any manufacturer, importer, or dealer that installs solar films or other sun screen devices on new glazing materials or the glazing installed in new vehicles must certify that the vehicle continues to comply with the light transmittance and other requirements of Standard No. 205.

The requirement that a car comply with all applicable safety standards applies only until the car is first sold to a consumer. See section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)). Both before and after a vehicle is first sold to a consumer, any modifications to the vehicle's windows, including tinting, are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with any safety standard. In the case of windows in a passenger car, this means that no manufacturer, dealer, distributor, or repair business could install a sun screen device or window tinting that would result in a light transmittance of less than 70 percent for any window of the car, or otherwise cause the car to no longer comply with the other requirements of Standard No. 205. Violations of this "render inoperative" prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1000 for each noncomplying installation.

Please note that Federal law does not affect vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways as they please, even if the vehicle's windows no longer comply with the requirements of Standard No. 205. Hence, no provision of a Federal statute or this agency's regulations prevents individual vehicle owners themselves from tinting the windows on their vehicles.

The authority of States to regulate glazing is affected by section 103(d) of the Safety Act (15 U.S.C. /1392(d)). This section provides that:

[w]henever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed as preventing any State from enforcing any safety standard which is identical to a Federal safety standard.

The effect of this provision of the Safety Act, with respect to the light transmittance requirements of Standard No. 205, is to expressly prohibit any State from specifying some level of light transmittance other than the 70 percent specified in Standard No. 205 for new motor vehicles and new glazing for use in motor vehicles. Each of the individual States has authority to enforce identical standards (i.e., a minimum of 70 percent light transmittance) for new motor vehicles and new glazing for use in motor vehicles. Additionally, each of the individual States has the authority to regulate the modifications that may be made to vehicles by their owners and to establish requirements for vehicles to be registered in that State.

Having provided this background, we want to turn now to the results of our review of the North Carolina statute and regulations, along with your office's memorandum concluding that the statute is preempted by Federal law.

1. New vehicles and new glazing for use in vehicles. We concur with the conclusions in your memorandum that the North Carolina statute would be preempted if it specifies any requirements other than the requirements of Standard No. 205 (minimum of 70 percent light transmittance) for new vehicles or for new glazing for use in motor vehicles. Section 108(a)(1) of the Safety Act and Standard No. 205 require all new vehicles and new glazing for use in motor vehicles to be delivered to the first purchaser with a light transmittance of at least 70 percent. Section 103(d) of the Safety Act expressly preempts any non-identical State standard on the subject of window tinting. Section 20-127(d) of the North Carolina statute appears to permit a single application of tinted film with a light transmittance of as little as 35 percent to be applied to vehicle glazing after factory delivery, but before sale to the public. This provision is preempted by Federal law, as is any other provision of North Carolina law which specifies that new glazing and glazing in new vehicles shall have some level of light transmittance other than the 70 percent minimum light transmittance requirement specified in Standard No. 205.

2. Modifications to vehicles and glazing by manufacturers, distributors, dealers and repair businesses after the first purchase of the vehicle or glazing in good faith for purposes other than resale. We concur with the conclusions in your memorandum that the North Carolina statute would be preempted by Federal law if it permits the commercial installation of sunscreen materials so that the combination of the sunscreen material and the existing glazing no longer meet the 70 percent light transmittance requirement specified in Standard No. 205. This conclusion is based on the conflict between the North Carolina statute and the "render inoperative" provision of section 108(a)(2)(A) of the Safety Act. That provision prohibits any manufacturer, distributor, dealer, or repair business from rendering inoperative the compliance of a vehicle or an item of glazing with any of the requirements of Standard No. 205, including the minimum 70 percent light transmittance requirement.

Apart from the issue of preemption, I want to note that the provisions of State law cannot alter the effect of the "render inoperative" prohibition in Federal law. Regardless of how North Carolina law treats the combination of the glazing and the tinting, if it results in less than 70 percent light transmittance, a manufacturer, distributor, dealer, or repair business that installed such tinting on a vehicle would be liable for the Federal civil penalty discussed above.

3. Modifications to vehicles and glazing by individual owners themselves after the first purchase of the vehicle or glazing in good faith for purposes other than resale. As noted above, Federal law does not regulate modifications that individual owners themselves make to their vehicles or glazing after the first purchase in good faith for purposes other than resale, even if those modifications result in the vehicles or glazing no longer complying with the requirements of Standard No. 205, including the requirement for at least 70 percent light transmittance. The State of North Carolina is free to establish whatever restrictions, if any, it deems appropriate on individual owner modifications, without regard to the requirements of Standard No. 205. To the extent that the North Carolina statute seeks to address these individual owner modifications, it would not be preempted by Federal law.

4. Requirements for vehicles to be registered in the State of North Carolina. An individual State is free to establish whatever requirements it deems appropriate for vehicles to be registered in the State, provided that those State requirements would not prohibit the registration of vehicles that complied with the requirements of the Federal safety standards. Thus, the State of North Carolina is free to permit vehicles that do not comply with the requirements of Standard No. 205 to be registered in North Carolina. To the extent that the North Carolina window tinting statute seeks to establish requirements for vehicles to be registered in the State, it would not be preempted by Federal law.

We have also reviewed the May 6, 1988 letter from MEMA to Mr. Hiatt, in which MEMA discusses why it believes North Carolina's statute would not be preempted by Federal law. The MEMA discussion does not address the "render inoperative" provision in section 108(a)(2)(A) of the Safety Act, which prohibits commercial businesses from adversely affecting the compliance of elements of design installed in a vehicle or item of equipment in compliance with a safety standard, regardless of whether the vehicle is new or used. As was previously stated, Federal law prohibits any manufacturer, dealer, distributor, or repair business from ever installing window tinting material for the owner of a car if the combination of the original glazing and the tinting material results in less than 70 percent light transmittance through any window of the car.

To summarize, the North Carolina statute would be preempted to the extent that it seeks to permit some level of light transmittance other than that specified in Standard No. 205 for glazing in vehicles prior to the first purchase of the vehicles in good faith for purposes other than resale. Similarly, the statute would be preempted to the extent it seeks to permit the commercial installation of sunscreen materials with the result that the combination of the sunscreen material and the existing glazing no longer complies with the requirements of Standard No. 205. However, the North Carolina statute would not be preempted to the extent that it seeks to regulate the modifications that owners themselves can make to their vehicles or to the extent that it seeks to establish requirements for vehicles to be registered in the State, even if those requirements differ from those specified in Standard No. 205.

Sincerely,

Erika Z. Jones Chief Counsel

/ref:205#VSA d:4/4/89

ID: aiam1547

Dear Mr. Miyazawa: This is in reply to your letter of June 27 concerning the location o motorcycle turn signal lamps relative to a combination stop lamp and reflex reflector.; The minimum edge to edge separation distance specified in Table IV o FMVSS No. 108 for motorcycle turn signal lamps is to be measured from the edge of the illuminated surface of both lamps.; The answer to your question 2 is therefore applicable, '2. edge to edg of tail and stop lamp so drawn in sketch C?'; Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs;

ID: aiam1339

Dear Mr. Wood: This is in response to your November 29, 1973, request to know i urethane bonding material must be used in the installation of windshields in new motor vehicles not yet sold to a first purchaser for purposes other than resale.; Standard 212, *Windshield mounting*, is a performance standard for ne motor vehicles. We do not require the use of specific bonding materials such as urethane, but only that the vehicle conform to Standard 212, whatever material is used. The New York suit you mentioned may involve a question of due care in the installation of the windshield, separate from the question of meeting a Federal minimum performance standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3714

Dear Mr. Gaia: In your letter of June 2, 1983, to the Office of Chief Counsel, yo asked if there were 'any D.O.T. requirements on miniature bulbs?'; We understand your question to refer to bulbs used in lighting device other than headlamps. Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, imposes no performance requirements on individual bulbs used in lighting devices other than those used in replaceable bulb headlamps (an option permissible as of July 1, 1983). Other lighting devices must meet the photometric requirements of the standard with the bulb, chosen by the lighting device manufacturer, installed.; I hope that this answers your question. Sincerely, Frank Berndt, Chief Counsel

ID: 18361.wkm

Mr. Malcolm Prestage
Legislation & Standards Engineer
Hawtal Whiting Engineering Ltd.
Southam Road
Leamington Spa
Warwickshire
CV31 1FQ, England

Dear Mr. Prestage:

Your electronic mail inquiry addressed to Ms. Donna Gilmore of this agency and with the notation "Please forward to Barry Felrice or Administrator for Part 523" was forwarded to this office for reply. You requested clarification of the phrase "static loaded radius arc" found in 49 Code of Federal Regulations (CFR) 523.2, Definitions.

You also requested clarification of the phrase "and the tire inflated to the manufacturer's recommended pressure," which is part of the definition of "static loaded radius arc" found in 49 CFR 523.2. You asked whether that language refers to the tire inflation pressures recommended by the vehicle manufacturer rather than by the tire manufacturer. Following a telephone conversation with Messrs. John Finneran, safety assurance engineer, and Walter Myers of my staff on February 5, 1999, you sent a telefax to Mr. Myers stating that the tire pressures that you would use are within the tire manufacturers' load ranges, although slightly higher than the tire manufacturer's minimum pressures relative to the loads imposed. You sent a further telefax to Mr. Myers on February 12, 1999 in which you stated that your objective is to ensure that a 4-wheel drive (4WD) vehicle with off-road capability would qualify under Part 523 to be classified as a light truck for fuel economy purposes. You also cited the example of a 195/80R15 tire for which the customary minimum recommended inflation pressure would be 33.4 pounds per square inch (psi). By increasing the inflation pressure to 40.6 psi, the static loaded radius, and therefore the vehicle's ground clearance, would be increased by at least 7 millimeters. The 40.6 psi inflation pressure would then become the minimum pressure recommended on the tire label for that axle.

The term "static loaded radius arc" is defined in 49 CFR 523.2 as:

[A] portion of a circle whose center is the center of a standard tire-rim combination of an automobile and whose radius is the distance from that center to the level surface on which the automobile is standing, measured with the automobile at curb weight, the wheel parallel to the vehicle's longitudinal centerline, and the tire inflated to the manufacturer's recommended pressure.

Although the term "static loaded radius arc" does not appear in Part 523 other than in the definitions section, the radius to which it refers is used to determine vehicle classification for purposes of fuel economy standards.

Note that the definition of "static loaded radius arc" includes the criteria by which the radius is to be determined:

1. Measured from the center of the tire-rim combination to the level surface on which the vehicle stands;
2. With the vehicle at curb weight;
3. With the wheel parallel to the longitudinal centerline of the vehicle; and
4. With the tire inflated to the manufacturer's recommended pressure.

The definition of "curb weight" in Part 523 refers to the definition of "vehicle curb weight" found in 40 CFR 86.082-2, which reads as follows:

Vehicle curb weight means the actual or the manufacturer's estimated weight of the vehicle in operational status with all standard equipment, and weight of fuel at nominal tank capacity, and the weight of optional equipment computed in accordance with 86.082-24; incomplete light-duty trucks shall have the curb weight specified by the manufacturer.

This agency has stated by interpretation that "curb weight" is calculated by adding the weight of the vehicle with all of its standard equipment, including its maximum capacity of fuel, oil, and coolant and the weights of the air conditioner and optional engine, if the vehicle is so equipped. No other optional items of equipment are included, even if the vehicle is equipped with such options, nor are occupants and cargo included in calculating the curb weight.

Paragraph S4.3 of Federal Motor Vehicle Safety Standard (Standard) No. 110, Tire selection and rims, applicable to passenger cars, and paragraph S5.3 of Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, require vehicle labeling to include the vehicle manufacturer's recommended cold tire inflation pressure for the tires, such that the sum of the load ratings of the tires on each axle is appropriate for the vehicle's gross axle weight rating.

It is this agency's interpretation, therefore, that the static loaded radius arc is determined by making the measurement prescribed in Part 523 with the vehicle at curb weight and the tires inflated to the recommended inflation pressure specified on the vehicle's label. However, in no case may the inflation pressure used to determine the static loaded radius arc exceed the maximum rated inflation pressure specified on the tire sidewall.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:523
d.4/21/99

ID: nht88-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Joanne Salvio -- Fire Research Corporation

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/13/80 letter from F. Berndt to FWD Corporation (Std. 206)

TEXT: Ms. Joanne Salvio Fire Research Corporation 26 Southern Blvd. Nesconset, NY 11767

This responds to your November 10, 1987, letter asking whether the "Guardian Gate" your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions.

The advertising material you enclosed states that the Guardian Gate "is designed to help firefighters while they are riding to fires in the jump seat of apparatus (sic)." The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked "on both its sides to the vehicle; the cab side, as well as the pump panel side." The advertisement said this "dual locking" feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of "hazardous conditions" (an explanation of which the advertisement did not include).

Paragraph @4 of Standard No. 206 states: "Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.)

From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because "seating accommodati ons" referred to in @4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206.

Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefigh ters riding in the "jump seat area" of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect re lating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure - see 8/13/80 letter from Frank Berndt to FWD Corporation

TO: Ericka Jones, Chief Counsel, NHTSA

DATE: November 10, 1987

SUBJECT: Guardian Gate

As per my telephone conversation with Ms. Hom, I am enclosing a copy of our Guardian Gate literature. We are trying to determine whether it is necessary for us to meet Regulation #206 or whether it does not apply to our product.

Any help you can give us will be greatly appreciated.

Thank you,

Fire Research Corp. after year of development announces a new product for the fire service. This new gate is designed to help firefighters while they are riding to fires in the jump seat of apparatus. This new design, PAT. PENDING, has a unique feature n ot available on any other door or gate. That is a dual locking concept. This gate actually locks on both its sides to the vehicle; the cab side, as well as the pump panel side. Thus, minimizing the chances for the gate to open up under hazardous conditio ns. The new locking mechanism actually lifts the gate up out of dual catches which allows it to be swung open. The gate handle with its unique design minimizes the possibility of inadvertently opening the gate unintentionally.

INTRODUCTORY PRICE $575 PER FAIR

MEASURING INSTRUCTIONS FOR ORDERING

LOCATE HINGE LOCKS M1 & M2 AND SECONDARY LOCK M3 ON VEHICLE SO THAT TOP RAIL IS LOCATED AT A SAFE HEIGHT. M3 SHOULD BE LOCATED AS HIGH AS POSSIBLE.

ID: 9945

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

Dear Mr. Kreutziger:

This responds to your fax of May 4, 1994, requesting information on a May 4, 1994, final rule (59 FR 22997) delaying the effective date of one section of the November 2, 1992, final rule amending Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413). Your letter enclosed a bulletin from Carpenter Manufacturing, Inc. concerning "options" which can be deleted because of the delay of effective date. Your fax notes that New York state regulations exceed the minimum requirements of Standard No. 217 and requested any information we can provide on how the delay of effective date affects buses in the State of New York.

The November 2, 1992, amendment to Standard No. 217 set requirements for the provision of emergency exits based upon the seating capacity of the school bus (S5.2), set performance requirements for emergency exit window and emergency roof exit release (S5.3), revised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The May 4, 1994, delay of effective date affects only the amendments to S5.2.

Provision of Emergency Exits (S5.2)

The November 2, 1992, final rule revised S5.2.3 to specify the number and type of exits required on school buses. As amended, S5.2.3 states, in part:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

The section also specifies the type of emergency exits which must be installed to meet this requirement. All school buses are

required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. These are the same exits required by S5.2.3.1 of Standard No. 217 before the recent amendments. The November 1992 rule amended S5.2.3.1 by specifying additional exits to meet the new minimum area requirement of S5.2.3. If, after deducting the daylight opening of the front service door and the required exit(s), additional exits are needed to meet the minimum area requirement of S5.2.3, any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) an emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

The May 4, 1994 final rule delayed the effective date of the amendment of S5.2.3.1 only. The effect of the delay is that, until September 1, 1994, manufacturers may comply with the requirements of Standard No. 217 by installing either a rear emergency exit door, or a side emergency exit door and a rear push-out window.

Your letter notes that New York regulations exceed Standard No. 217 in that they require additional exits. Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392(d)) provides that:

Whenever a Federal motor vehicle safety standard ... is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent ... any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard than that required to comply with the otherwise applicable Federal standard.

Section 103(d) preempts state requirements for school buses covering the same aspect of performance as an applicable Federal motor vehicle safety standard that are different from the applicable standard except to the extent that the requirements impose a higher level of performance and apply only to vehicles procured for the State's use. A state law requiring exits in addition to those required by Standard No. 217 would be preempted under '103(d) to the extent that the law requires all school buses manufactured for use in the state to comply with the law. The law would not be preempted to the extent that it applies to public school buses. Any exits required by New York regulations on public school buses which exceed the requirements of Standard No. 217 would be considered voluntarily installed for purposes of federal law.

Emergency Exit Release (S5.3)

The November 2, 1992, final rule added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if New York requires either emergency exit windows or emergency roof exits, the manufacturer must certify that the release mechanisms comply with the requirements of S5.3. The effective date for the amendments to S5.3 was not extended by the May 4, 1994, final rule.

Emergency Exit Extension (S5.4)

The November 2, 1992, final rule revised the extension requirements for side emergency exit doors on school buses and set extension requirements for emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if New York requires either side emergency exit doors or emergency roof exits, the manufacturer must certify that the vehicle complies with the new extension requirements. The effective date for the amendments to S5.4 was not extended by the May 4, 1994, final rule.

I note that the bulletin enclosed with your letter implies that, due to the delay of the effective date of the November 2, 1992, final rule, flip-up seats are not needed to meet the new requirements of S5.4. This information appears to be incorrect, since the May 4, 1994, final rule did not delay the effective date of S5.4. Compliance with the new requirements of S5.4 might entail the installation of flip-up seats. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 centimeters high and 61 centimeters wide. In addition, an aisle 30 centimeters wide (referenced to the rear edge of the door) must be provided from the longitudinal centerline of the bus to the exit. A seat bottom is allowed within this aisle if it flips up when not in use such that it no longer is within the aisle. Finally, no portion of a seat or restraining barrier may block access to the latch. Thus, if New York requires side emergency exit doors, flip-up seats adjacent to those exits might have to be used to enable the bus to meet these requirements. For example, a flip-up seat might be needed to meet the requirement that the aisle for a side exit must be at least 30 centimeters wide.

Emergency Exit Identification (S5.5)

Finally, the November 2, 1992, final rule revised the identification requirements (S5.5). The effective date for the amendments to S5.5 was not extended by the May 4, 1994, final rule.

As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit." For emergency exit doors, the location of this marking was not changed. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. The identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

Please note that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the November 2, 1992, final rule. In a July 7, 1993, letter to Mr. Thomas D. Turner of the Blue Bird Body Company NHTSA stated that it would issue a correction notice that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

I have enclosed a copy of the May 4, 1994, final rule for your use. 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,

John Womack Acting Chief Counsel

cc: Mr. Todd Bontrager Asst. Vice President of Sales School Bus Division Carpenter Manufacturing, Inc. Mitchell, IN 47446 Enclosure

ref:217 d:5/18/95

ID: nht94-2.97

TYPE: Interpretation-NHTSA

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Richard Kreutziger -- Executive Director, New York State Bus Distributors Association

TITLE: None

ATTACHMT: Attached to FAX dated 5/4/94 from Richard Kreutziger to John Womack (OCC-9945)

TEXT:

This responds to your fax of May 4, 1994, requesting information on a May 4, 1994, final rule (59 FR 22997) delaying the effective date of one section of the November 2, 1992, final rule amending Standard No. 217, BUS EMERGENCY EXITS AND WINDOW RETENTION AND RELEASE (57 FR 49413). Your letter enclosed a bulletin from Carpenter Manufacturing, Inc. concerning "options" which can be deleted because of the delay of effective date. Your fax notes that New York state regulations exceed the minimum requirement s of Standard No. 217 and requested any information we can provide on how the delay of effective date affects buses in the State of New York.

The November 2, 1992, amendment to Standard No. 217 set requirements for the provision of emergency exits based upon the seating capacity of the school bus (S5.2), set performance requirements for emergency exit window and emergency roof exit release (S5 .3), revised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The May 4, 1994, delay of effective date affects only the amendments to S5.2.

PROVISION OF EMERGENCY EXITS (S5.2)

The November 2, 1992, final rule revised S5.2.3 to specify the number and type of exits required on school buses. As amended, S5.2.3 states, in part:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

The section also specifies the type of emergency exits, which must be installed to meet this requirement. All school buses are required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. These are the same exits required by S5.2.3.1 of Standard No. 217 before the recent amendments. The November 1992 rule amended S5.2.3.1 by specifying additional exits to meet the new minimum area requirement of S5.2.3. If, after deducting the daylight opening of the front service door and the required exit(s), additional exits are needed to meet the minimum area requirement of S5.2.3, any remaining exit area

must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) an emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

The May 4, 1994 final rule delayed the effective date of the amendment of S5.2.3.1 only. The effect of the delay is that, until September 1, 1994, manufacturers may comply with the requirements of Standard No. 217 by installing either a rear emergency ex it door, or a side emergency exit door and a rear push-out window.

Your letter notes that New York regulations exceed Standard No. 217 in that they require additional exits. Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392(d)) provides that:

Whenever a Federal motor vehicle safety standard ... is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment a ny safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent ... any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard than that required to comply with the otherwise applicable Federal standard.

Section 103 (d) preempts state requirements for school buses covering the same aspect of performance as an applicable Federal motor vehicle safety standard that are different from the applicable standard except to the extent that the requirements impose a higher level of performance and apply only to vehicles procured for the State's use. A state law requiring exits in addition to those required by Standard No. 217 would be preempted under S103(d) to the extent that the law requires ALL school buses man ufactured for use in the state to comply with the law. The law would not be preempted to the extent that it applies to public school buses. Any exits required by New York regulations on public school buses which exceed the requirements of Standard No. 21 7 would be considered voluntarily installed for purposes of federal law.

EMERGENCY EXIT RELEASE (S5.3)

The November 2, 1992, final rule added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if N ew York requires either emergency exit windows or emergency roof exits, the manufacturer must certify that the release mechanisms comply with the requirements of S5.3. The effective date for the amendments to S5.3 was NOT extended by the May 4, 1994, fin al rule.

EMERGENCY EXIT EXTENSION (S5.4) The November 2, 1992, final rule revised the extension requirements for side emergency exit doors on school buses and set extension requirements for emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if New York requires either side emergency exit doors or emergency roof exits, the manufacturer must certify that the vehicle complies with the new extension requirements. The effective date for the amendments to S5.4 was NOT exten ded by the May 4, 1994, final rule.

I note that the bulletin enclosed with your letter implies that, due to the delay of the effective date of the November 2, 1992, final rule, flip-up seats are not needed to meet the new requirements of S5.4. This information appears to be incorrect, sinc e the May 4, 1994, final rule did not delay the effective date of S5.4. Compliance with the new requirements of S5.4 might entail the installation of flip-up seats. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 centimeters high and 61 centimeters wide. In addition, an aisle 30 centimeters wide (referenced to the rear edge of the door) must be provided from the longitudinal centerline of the bus to the exit. A seat bottom is allowed within this aisl e if it flips up when not in use such that it no longer is within the aisle. Finally, no portion of a seat or restraining barrier may block access to the latch. Thus, if New York requires side emergency exit doors, flip-up seats adjacent to those exits m ight have to be used to enable the bus to meet these requirements. For example, a flip-up seat might be needed to meet the requirement that the aisle for a side exit must be at least 30 centimeters wide.

EMERGENCY EXIT IDENTIFICATION (S5.5)

Finally, the November 2, 1992, final rule revised the identification requirements (S5.5). The effective date for the amendments to S5.5 was not extended by the May 4, 1994, final rule.

As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit." For emergency exit doors, the location of this marking was not changed. For emergency window exits and emergency roof exits, location r equirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. The identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

Please note that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the November 2, 1992, final rule. In a July 7, 1993, letter to Mr. Thomas D. Turner of the Blue Bird Body Company NHTSA stated tha t it would issue a correction notice that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

I have enclosed a copy of the May 4, 1994, final rule for your use. 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: 11986.ZTV

Herr Sandig
Reiter & Schefenacker
Eckenerstrasse 2
73730 Esslingen
Germany

Dear Herr Sandig:

This replies to your FAX of May 28, 1996, asking whether a proposed design for a center highmounted stop lamp is a single lamp, within the meaning of Federal Motor Vehicle Safety Standard No. 108.

In this design, a rectangular lens is separated by an opaque oval that covers the center portion of the lens. However, the sum of the effective projected luminous lens areas left uncovered exceeds the minimum 4.5 square inches required by paragraph S5.1.1.27(a)(1) of Standard No. 108.

This design does not comply with Standard No. 108. Paragraph S5.1.1.27 (a) requires vehicles to be equipped with "a high-mounted stop lamp." Table IV requires the lamp to be located "on the vertical centerline." The opaque area in your design functionally divides the center lamp into two lamps, neither of which is located on the vertical centerline.

In the past, the agency has advised that the lens of the center stop lamp may be obscured to a certain extent by decals or other trim, provided the minimum luminous lens area requirement was met, and the obscuration did not affect photometric compliance. These interpretations always assumed that the appearance of a single lamp would be maintained, even though the lens area itself did not present an uninterrupted light-emitting surface.

Paragraph S5.1.1.27(b) does allow two separate lamps on vehicles other than passenger cars when there is insufficient space above doors opening from the center, but your lamp is not designed to address this problem.

If you have any questions, you may refer them to Taylor Vinson of this Office.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:6/14/96

ID: 1983-2.28

TYPE: INTERPRETATION-NHTSA

DATE: 07/12/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Ezon Products Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Louis Gaia V.P. Purchasing Ezon Products, Inc. P.O. Box 18134 Memphis, Tennessee 38118

Dear Mr. Gaia:

In your letter of June 2, 1983, to the Office of Chief Counsel, you asked if there were "any D.O.T. requirements on miniature bulbs?"

We understand your question to refer to bulbs used in lighting devices other than headlamps. Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, imposes no performance requirements on individual bulbs used in lighting devices other than those used in replaceable bulb headlamps (an option permissible as of July 1, 1983). Other lighting devices must meet the photometric requirements of the standard with the bulb, chosen by the lighting device manufacturer, installed.

I hope that this answers your question.

Sincerely,

Frank Berndt Chief Counsel

June 2, 1983

National Hwy. Traffic Agency Office of Chief Councel 400 7th St. S.W. Washington, D.C. 20590

Dear Sir:

We were advised by Mr. Al Kazmierzak from the D.O.T. to write you concerning the following.

Are there any D.O.T. requirements on automotive miniature bulbs?

Please advise.

Awaiting your reply,

EZON PRODUCTS, INC.

Louis Gaia V.P. Purchasing

LG/dd