ID: nht71-2.35

DATE: 04/30/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Hamill Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 16, 1971, in which you ask certain questions concerning a child booster seat that you plan to market. You describe the booster seat as a rectangle about 6 inches in height, tapering to 4 inches in the front, and state that it would be advertised for use by children under 50 pounds and would not be designed to fall into the category of child seating systems under Standard No. 213. You also state that your engineers feel a booster chair will "definitely help more five, six and seven year old children to use seat belts simply because these children will be able to see out of a vehicle."

While you state that the booster seat "would not be designed to fall into the category of child seating systems under Standard No. 213," it is not clear from your description of the device that this is actually the case. If you wish an opinion on this matter, we will provide one, but to do so we will need some additional information. Specifically, we will need to know if the booster seat is to be designed or advertised for use with the vehicle seat belts, and if so, how it will be so designed or advertised.

The questions you ask concerning the booster seat are: (1) Can we set a minimum of 50 or 60 pounds? (2) Exactly what is the maximum child weight covered under MVSS #213? and (3) What recommended weight can we advertise as a minimum for our booster seat?

The answers to these questions do not depend on whether the standard applies to your booster seat. If the device is a child seating system, Standard No. 213 does not specify the minimum or maximum heights or weights for children who may use it. Under the standard, it is up to the manufacturer to determine, based upon the design of each particular child seating system, the heights and weights of children for which he recommends the child seating system.

If the device is not a child seating system, the manufacturer is not required to recommend any heights or weights for children who can use it. Should he choose to do so, however, the heights and weights recommended must be consistent with the safe use of the device.

ID: nht73-4.18

DATE: 05/08/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: National Tire Dealers & Retreaders Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 21, 1973, in which you ask how retreaded tires are to be tested to the strength requirements (plunger-energy) of Standard No. 117 (S5.1.1, incorporating by reference S4.2.2.4 of Standard No. 109). You appear to believe testing to the requirement is precluded because Standard No. 117 contains no requirement that the cord material be labeled onto the tire, and the plunger-energy requirements specify different performance levels for differing cord materials.

While Standard No. 117 does not require the generic name of the cord material to be labeled onto the retreaded tire, we expect that it will be found on most tire casings and will be available to the retreader on all post "DOT" casings, and on many pre-DOT casings as well. If a retreaded tire is not labeled with its cord material, the strength test can still be conducted. It is not necessary to know the cord material before the plunger-energy values are obtained. Once they are obtained, a sample can be removed from the tire, from which the material can be determined.

March 21, 1973

Mr. Michael Pescoe, Counsel National Highway Traffic Safety Administration

We would like to forward to you a question on Federal Retread Standard 117 raised by one of the companies in the industry: "As specified in S4.2.2.4 Tire Strength, each tire shall meet the requirement for minimum breaking injuries specified in Table 2, when tested in accordance with S5.3 of Safety Standard 109. My question is, the labelling specification S6.3 has no provision for fabric identification. Without cord type the Plunger Energy test, as specified in F.M.V. S.S. 109, cannot be performed because of the different minimum force values for different types of cord. In other words the minimum force is 1650 lbs. for a Rayon tire with a cross section of 6 inches or above. While the specification is 2600 lbs. for Nylon and Polyester cord with the same cross section width. Cord identification is required for testing in compliance with M.V.S.S. 117. What do we do now?"

As soon as we receive your answer, we will forward it on to the company that requested it.

Phillip P. Priedlander, Jr. Director of Communications

ID: nht94-4.99

TYPE: INTERPRETATION-NHTSA

DATE: December 7, 1994

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

TO: John Sheppard -- Sales and Marketing Manager, Reflexite Canada, Inc.

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 11/2/94 FROM JOHN SHEPPARD TO CHIEF COUNCIL, NHTSA (OCC 10473)

TEXT: We have received your letter of November 2, 1994, asking whether certain conspicuity material could be used on trailers required to meet S5.7 of U.S. Federal Motor Vehicle Safety Standard No. 108. You have enclosed samples of the material.

The material alternates red and white stripes "oriented at a 45 degree angle to the edge of the roll." Rolls are either 6 or 8 inches in width and "will not have DOT-C2 marking." In addition, we note that the horizontal length of the red segments is 5 1/ 2 inches (and presume an equal length for the white segments). Specifically, you have asked whether this material could "be applied to the lower edge of the vehicle's rear doors as a compliant substitute for the 2" 'block pattern' material currently bein g used?"

Paragraph S5.7's specifications for conspicuity material are intended to ensure uniformity of treatment in order to enhance the ability of drivers of other vehicles to detect large objects in the roadway under conditions when headlamps are used. While S 5.7 does not require that the red and white color segments be rectangular, it does establish requirements for their length and width. Under S5.7.1.3(b), each segment shall have a length of 300 mm +/- 150 mm. The color segment separation of 5 1/2 inches on your sample is approximately 140 mm, and thus below the minimum permitted by the standard. Although currently, under S5.7.1.3(d), three widths of retroreflective material are permissible: 50 mm (DOT-C2), 75 mm (DOT-C3), and 100 mm (DOT-C4) and your widths of 6 inches (150 mm) and 8 inches (200mm) do not conform to these specifications, the agency has proposed that these be minimum minimum widths for the DOT grades indicated. We expect a final rule to be issued on this proposal in the near future.

Because the retroreflective material discussed above would not comply with Standard No. 108's requirements for color segment length (and currently width), it could not be used as a substitute for the DOT-C2 material that you currently manufacture. Furth er, geometrically and photometrically complying material would require the appropriate DOT grade identification marking for use on a trailer required to comply with Standard No. 108.

ID: nht91-5.35

DATE: September 6, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jt Covelli -- President, Jt Covelli Marketing & Media

TITLE: None

ATTACHMT: Attached to letter undated from Jt Covelli to Taylor Vinson (OCC 6369)

TEXT:

This responds to your recent undated letter to Taylor Vinson of this Office with respect to whether Federal law allows the use of decals on center highmounted stop lamps. You report that Wisconsin has no law governing the use of a decal on the brake light.

THe subject is a complicated one under Federal law, but I shall try to explain it as simply as possible. There is no restriction under Federal law on the application of a decal to the center stop lamp, if the decal is placed there by the vehicle owner.

Center stop lamps were not required on passenger cars manufactured before September 1, 1985, and there are no Federal restrictions upon application of decals to lamps on pre-1986 model cars that may have been retrofitted with them. With respect to application of the decal on the center lamp of a passenger car manufactured on or after September 1, 1985, Federal law prohibits the application a decal by a manufacturer, distributor, dealer, or repair shop, either before or after its sale to the first owner, if the application of the decal creates a noncompliance with the Federal motor vehicle safety standard on lighting. Conversely, such application is permitted if the lamp remains in compliance with all applicable Federal requirements with the decal installed. For example, the Federal standard calls for a minimum "effective projected luminous area" of 4 1/2 square inches. Application of a decal to a lamp meeting the minimum area requirement would reduce the effective projected luminous area below 4 1/2 square inches, creating a noncompliance. On the other hand, if that area were large enough, and more than 4 1/2 square inches of it remained after the application of a decal, application of the decal would not create a noncompliance with the luminous area specification. The standard also calls for measurement of photometric performance at certain specified test points on the lamp. Obviously, the lamp must continue to provide the minimum photometric performance specified by the standard for those test points with the decal applied. Thus, whether application of a decal by a manufacturer, distributor, dealer, or repair shop creates a noncompliance is dependent upon the size of the lamp and the size, lettering, and transparency of the decal.

ID: 2842o

Morris East, Assistant Director
Bureau of School Transportation
State of Louisiana
P.O. Box 94064
Baton Rouge, LA 70804-9064

Dear Mr. East:

This letter responds to your request for an interpretation of certain Federal motor vehicle safety standards that apply to school buses. I apologize for the delay in this response. In your letter, you state that one of your local school systems intends to remove a bus body from "an existing chassis, and place that body onto a new chassis." You state further that the system's school bus maintenance shop would perform the work. You ask a number of questions which I shall answer in order. My answers assume that, at a minimum, the engine, drive axles, and transmission of the new chassis are new components.

Question 1: Is it permissible under the (Vehicle Safety Act as amended) for a local school board to remove the body from one school bus chassis and place that body on another school bus chassis?

The answer to this question is "yes." The Act does not prohibit a vehicle owner from altering, modifying, or manufacturing a vehicle; nor has NHTSA established such a prohibition in its regulations.

Question 2: Would this action (in Question 1) violate bus body integrity requirements of Federal Motor Vehicle Safety Standards (FMVSS) (specifically FMVSS 208, 220, 221)?

The act of removing a school bus body from one chassis and placing that body on a different chassis does not violate any Federal safety standard. However, when a person uses a new body and mixed new and used chassis components in refurbishing a vehicle, the question arises whether the vehicle is new. In past interpretations, NHTSA has applied 571.7(e) to school buses that combine a new body and either (1) mixed new and used chassis components, or (2) used chassis components from different vehicles. If a school bus is considered "new" under the criteria set out in this provision, then the person who refurbishes the vehicle must certify that the school bus meets all applicable safety standards in effect on the date the chassis was manufactured - including Standards 208, 220, and 221 if they apply - and affix a certification label under 49 CFR Part 567.

On the other hand, if an old bus body is placed on a chassis that is completely new, a different provision applies. In this case, the chassis is an incomplete vehicle. "Incomplete vehicle" is defined in 49 CFR 568.3 as:

an assemblage consisting, as a minimum, of a frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

When a new bus chassis meets this description, a subsequent person who adds a body- even an old body- is a final-stage manufacturer, and must certify the completed vehicle as conforming to all applicable Federal Motor Vehicle Safety Standards as of a date no earlier than the manufacturing date of the incomplete vehicle (the new chassis). (49 CFR 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.)

Neither 571.7(e) nor Part 568 would require a person to recertify a school bus when the body and all other vehicle components are not new.

Question 3: If permitted, can the work described in (Question) 1. above be performed in the school board's maintenance shop? Can it be contracted to an automobile dealer capable of performing such work? Can the work be contracted to other motor vehicle repair shops such as body dealers or private motor vehicle repair shops?

The answer to each of these statements is "yes." Remember, though, that if the refurbished buses are considered new under the criteria discussed in Question 2, they must meet all applicable school bus safety standards in effect on the date of manufacture, and a certification label must be affixed to each refurbished vehicle to that effect.

If the refurbished buses are not "new" under these same criteria, then there is no obligation to recertify the vehicles. However, if a manufacturer, dealer, distributor, or motor vehicle repair business works on your buses, then there is restriction on what these commercial businesses can do - even if the vehicle is used. Section 108(a)(2)(A) of the Vehicle Safety Act prohibits these persons from "knowingly rendering inoperative" any device or element of design incorporated into the vehicle in compliance with an applicable Federal safety standard. Note that this restriction does not apply when the vehicle owner (e.g., a local school system) makes a modification, or if a repair facility that does not hold itself out to the public as being in the business of motor vehicle repair (e.g.. a maintenance shop that works only for the school board) makes the modification. Question 4: If the changeover is allowed, must the new unit (new chassis with used body) be re-certified to meet FMVSS requirements? If it must be re-certified, who may provide the inspection and re-certification?

As I stated in my answers to Questions 2 and 3, under certain circumstances, the vehicle must be recertified by the refurbisher. The refurbisher is responsible for the vehicle's compliance status just as any vehicle manufacturer, and must be able to show that he exercised due care in certifying the vehicle. The agency examines issues of due care on a case-by-case basis evaluating all relevant facts. This evaluation would include assessing technological limitations, availability of test equipment, the market position of the manufacturer, and most importantly, the degree of manufacturer diligence.

I hope you find this information helpful.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#567#568#571 d:3/16/88

ID: 3235yy

Herbert J. Lushan
Regalite Plastics Corporation
300 Needham Street
Newton Upper Falls, MA 02164

Dear Mr. Lushan:

This responds to your letter concerning the use of tinted flexible plastic glazing in certain jeep-type vehicles. You explained that a customer has asked you to manufacture a bronze-tinted clear plastic flexible window for installation in the rear side and rear windows of its vehicles. You indicated that this glazing material would not satisfy the minimum light transmittance requirement of Standard No. 205 and requested confirmation of your understanding that Standard No. 205 permits the use of such glazing for rear and side windows in these vehicles. Further, during two telephone conversations on October 29, 1991 and October 30, 1991, you informed Elizabeth Barbour of my staff that your question specifically refers to the use of this glazing on the two-door Suzuki Sidekick and the two-door Geo Tracker. You also confirmed to Ms. Barbour that the glazing materials to which your letter refers would be installed as original equipment, but added that your company is also involved with after-market products. I am pleased to have this opportunity to answer your question.

By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged safety-related defects.

Pursuant to NHTSA's authority, the agency has established Standard No. 205, which specifies performance requirements for various types of glazing (called "items"), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Among Standard No. 205's requirements are specifications for minimum levels of light transmittance, measured by Test 2 in ANSI Z26. A minimum of 70% light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars.

In trucks, buses and multipurpose passenger vehicles, only the windshield and the windows to the immediate left and right of the driver are considered requisite for driving visibility (if they are equipped with dual outside mirrors satisfying sections S6.1(b) of FMVSS No. 111) and thus, subject to the minimum light transmittance requirement. The windows to the rear of the driver in trucks, buses and multipurpose passenger vehicles, including the rear side and rear windows, are not required to meet the light transmittance requirement. Thus, Standard No. 205 permits the use of tinted glazing materials (i.e. items of glazing that are not subject to Test 2) for windows to the rear of the driver in such vehicles when they are equipped with dual outside mirrors larger than those usually used on passenger cars.

As stated above, you described the product you wish to manufacture as tinted flexible plastic, Item 7 glazing, which would be installed in the rear side and rear windows of the two-door Suzuki Sidekick and Geo Tracker. According to the agency's information about these vehicles, the rear side and rear windows are part of a removable soft-top. Standard No. 205 permits glazing used for readily removable windows in these locations to be manufactured out of flexible plastic glazing (Items 6, 7 and 13), among other types of glazing. Thus, since these specific window locations on the two-door Suzuki Sidekick and Geo Tracker are not subject to the light transmittance requirement, and since Standard No. 205 permits use of flexible plastic glazing for readily removable windows, the Standard would permit you to manufacture the bronze-tinted flexible plastic glazing for the use your customer requested.

You also stated that your company is involved with after-market glazing materials. After a vehicle is first sold to a consumer, 108 (a)(2)(A) of the Safety Act 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. According to this provision, your company, for example, could install the Item 7 glazing in the rear side and rear windows of a Suzuki Sidekick or Geo Tracker after that vehicle is first sold to a consumer. This provision would, however, prohibit the after-market installation of tinted flexible plastic glazing in the front side windows of that vehicle because such installation would cause the glazing of the front side windows to no longer comply with the requirements of Standard No. 205.

The "render inoperative" provision of the Safety Act does not apply to the actions of vehicle owners themselves. No section of the Safety Act prevents vehicle owners themselves from installing any product on their vehicles, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. The actions of individual vehicle owners may be regulated or precluded by individual States, which have the authority to regulate owner modifications and the operational use of vehicles.

I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

ref: 205 d:ll/20/9l

ID: nht88-1.74

TYPE: INTERPRETATION-NHTSA

DATE: 03/16/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: MORRIS EAST -- ASSISTANT DIRECTOR, LOUISIANA BUREAU OF SCHOOL TRANSPORTATION

TITLE: NONE

ATTACHMT: JULY 7, 1987 LETTER FROM EAST TO JONES IS ATTACHED

TEXT: This letter responds to your request for an interpretation of certain Federal motor vehicle safety standards that apply to school buses. I apologize for the delay in this response. In your letter, you state that one of your local school systems intends to remove a bus body from "an existing chassis, and place that body onto a new chassis." You state further that the system's school bus maintenance shop would perform the work. You ask a number of questions which I shall answer in order. My answers as sume that, at a minimum, the engine, drive axles, and transmission of the new chassis are new components.

Question 1: Is it permissible under the (Vehicle Safety Act as amended) for a local school board to remove the body from one school bus chassis and place that body on another school bus chassis?

The answer to this question is "yes." The Act does not prohibit a vehicle owner from altering, modifying, or manufacturing a vehicle; nor has NHTSA established such a prohibition in its regulations.

Question 2: Would this action (in Question 1) violate bus body integrity requirements of Federal Motor Vehicle Safety Standards (FMVSS) (specifically FMVSS 208, 220, 221)?

The act of removing a school bus body from one chassis and placing that body on a different chassis does not violate any Federal safety standard. However, when a person uses a new body and mixed new and used chassis components in refurbishing a vehicle, the question arises whether the vehicle is new. In past interpretations, NHTSA has applied @ 571.7(e) to school buses that combine a new body and either (1) mixed new and used chassis components, or (2) used chassis components from different vehicles. If a school bus is considered "new" under the criteria set out in this provision, then the person who refurbishes the vehicle must

certify that the school bus meets all applicable safety standards in effect on the date the chassis was manufactured - including Standards 208, 220, and 221 if they apply - and affix a certification label under 49 CFR Part 567.

On the other hand, if an old bus body is placed on a chassis that is completely new, a different provision applies. In this case, the chassis is an incomplete vehicle. "Incomplete vehicle" is defined in 49 CFR @ 568.3 as: an assemblage consisting, as a minimum, of a frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the ad dition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

When a new bus chassis meets this description, a subsequent person who adds a body - even an old body - is a final-stage manufacturer, and must certify the completed vehicle as conforming to all applicable Federal Motor Vehicle Safety Standards as of a d ate no earlier than the manufacturing date of the incomplete vehicle (the new chassis). (49 CFR @ 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.)

Neither @ 571.7(e) nor Part 568 would require a person to recertify a school bus when the body and all other vehicle components are not new.

Question 3: If permitted, can the work described in (Question) 1. above be performed in the school board's maintenance shop? Can it be contracted to an automobile dealer capable of performing such work? Can the work be contracted to other motor vehi cle repair shops such as body dealers or private motor vehicle repair shops?

The answer to each of these statements is "yes." Remember, though, that if the refurbished buses are considered new under the criteria discussed in Question 2, they must meet all applicable school bus safety standards in effect on the date of manufacture , and a certification label must be affixed to each refurbished vehicle to that effect.

If the refurbished buses are not "new" under these same criteria, then there is no obligation to recertify the vehicles. However, if a manufacturer, dealer, distributor, or motor vehicle repair business works on your buses, then there is restriction on what these commercial businesses can do - even if the vehicle is used. Section 108(a)(2)(A) of the Vehicle Safety Act prohibits these persons from "knowingly rendering inoperative" any device or element of design incorporated into the vehicle in complia nce with an applicable Federal safety standard. Note that this restriction does not apply when the vehicle owner (e.g., a local school system) makes a modification, or if a repair facility that does not hold itself out to the public as being in the busi ness of motor vehicle repair (e.g., a maintenance shop that works only for the school board) makes the modification.

Question 4: If the changeover is allowed, must the new unit (new chassis with used body) be re-certified to meet FMVSS requirements? If it must be re-certified, who may provide the inspection and re-certification?

As I stated in my answers to Questions 2 and 3, under certain circumstances, the vehicle must be recertified by the refurbisher. The refurbisher is responsible for the vehicle's compliance status just as any vehicle manufacturer, and must be able to sho w that he exercised due care in certifying the vehicle. The agency examines issues of due care on a case-by-case basis evaluating all relevant facts. This evaluation would include assessing technological limitations, availability of test equipment, the market position of the manufacturer, and most importantly, the degree of manufacturer diligence.

I hope you find this information helpful.

ID: nht73-4.44

DATE: 08/07/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Hank Thorp Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 7, 1973, which asks if the Manufacturer Code proposal (38 FR 14968, June 7, 1973) as it applies to wheel nuts (1) requires all manufacturers, including vehicle manufacturers, to label their products, (2) permits labeling with self-adhesive stickers, and (3) has authorized the issuance of codes at this time. In addition, you requested a clarification of an interpretation of Standard 211, Wheel nuts.

The answer to your first question is yes. The labeling requirements apply to foreign and domestic manufacturers of passenger cars and multi-purpose passenger vehicles and to manufacturers of equipment for those vehicles. The term "manufacturer" includes an importer of vehicles or regulated equipment.

The use of a self-adhesive sticker in satisfaction of the permanent and legible labeling requirements of the proposal is permissible, so long as the information printed thereon is indelible and the label is affixed in such a manner that it cannot be removed without destroying or defacing it.

No codes have been assigned at this time. Assignment will not occur until a decision is reached as to issuance of a final rule.

The small hexagonal nuts which you import and which you describe as serving the same purpose as the small hexagonal nuts which secure factory-mounted, steel wheels to an axle, are not wheel nuts under the standard. The reference to normal coverage by a hub cap or wheel disc is simply descriptive of their location.

MINILITE

July 7, 1973

James E. Wilson Associate Administrator Traffic Safety Programs U.S. Department of Transportation

I am writing to you with respect to the proposed rules (49CFR Parts 566, 567, 568, 571) as published in Volume 38, #109, of the Federal Registration of Thursday, June 7, 1973. I have a number of questions concerning these proposed rules which should also be construed, in part, as comment upon the proposed rules before adoption.

1. As exclusive U.S. Importer of light alloy road wheels, trademarked MINILITE(register) (Registration #893174), we also import wheel nuts and hub caps used with these wheels.(Illegible Word) 1 January 1968, we were required by the U. S. Bureau of Customs to clearly(Illegible Word) the containers in which these products were imported to indicate that they complied fully with Section 571.211. At that time, manufacturers of identical products for the aftermarket within the United States were not required to show similar statements of compliance on their packages. Do the proposed rules referenced above affect all manufacturers of these products, whether or not they are imported or not and whether or not they are used in the assembly of new motor vehicles?

2. Please refer to the specifics of Part 571; S211-1. This standard was revised effective 7/25/69 to add an interpretation as follows.

"INTERPRETATION"

A clarification of the term "wheel nut" as used in the requirements section S3 of Standard No. 211 has been requested. This section states that "wheel nuts, hub caps, and wheel discs for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections." A "wheel nut" is an exposed nut that is mounted at the center or hub of a wheel, and not the ordinary small hexagonal nut, one of several which secures a wheel to an axle, and which is normally covered by a hub cap or wheel disc."

The wheel nuts we import are small hexagonal nuts and 4 or 5 are used to hold each wheel to the axle. The U. S. Bureau of Customs has not considered these to be of the type affected by this standard. However, due to the nature of light alloy wheels, our wheels nuts are not "normally covered by a hub cap or wheel disc". I am requesting a written interpretation as to whether the small hexagonal wheel nuts used with light alloy wheels but not normally covered by a hub cap or wheel disc are covered by Standard 211.

3. If the answer to #2 above is no, I would comment that it would seem appropriate to change the language of Standard 211 and designate that the standard covers "center lock wheel nuts" rather than "wheel nuts".

4. Regards hub caps; our cap is a smooth chemically brightened aluminum cap of either 2 5/8 or 3 1/8 diameter which is pushed through the center hole from the back of the wheel before the wheel is mounted to the axle. It is clear that this is covered by the Standard and would, therefore, require manufacturers identification if the proposed rules are passed. Does the comment that "each wheel nut, wheel disc, and hub cap to be permanently and legibly marked or labeled with the manufacturers code number . . ." permit labeling to take the form of a self-adhesive label affixed to the inside of our hub cap so as not to be visible when the cap is fitted to an automobile?

5. If your answer to question #1 indicates that stateside manufacturers of after-market hub caps are not affected by the standard and/or the proposed manufacturers certification requirements, I would comment that the standard is missing the main(Illegible Word) of its purpose; that is, to eliminate winged extensions from center lock wheel nuts and hub caps on vehicles used on the public highways of the United States. The prime source of hub caps produced with eared extensions is from automotive aftermarket manufacturers located in this country.

6. Are assignment of manufacturers identification numbers being made now, or will this assignment be made after the proposed rules are adopted?

I look forward to a reply from you on the above points.

Hank Thorp

ID: 9977

Mr. David Ori, Manager
Bureau of Motor Vehicles
Vehicle Control Division, Room 104
T&S Building
Harrisburg, PA 17120

Dear Mr. Ori:

This responds to your letter to Mr. James Gilkey of this agency's Office of Vehicle Safety Compliance, requesting confirmation of your understanding of the applicability of Federal Motor Vehicle Safety Standard No. 205 to certain limousines. You were concerned about the permissibility of applying sun screening or window tinting to such vehicles during the original manufacturing process, and during the "second stage or alteration phase of the manufacturing process."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Under this authority, NHTSA issued Standard No. 205, "Glazing Materials," to specify performance requirements for various types of glazing and to specify the location in the vehicles in which each item of glazing may be used. One provision in Standard No. 205 requires a minimum of 70 percent light transmittance in any glazing area requisite for driving visibility. The primary purpose of this requirement is to ensure adequate visibility through the vehicle's windows, thereby reducing the risk of a motor vehicle crash.

NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards, including Standard No. 205. As you correctly state, second stage manufacturers and alterers also have certification responsibilities. Specifically, a final stage manufacturer is responsible for certifying a vehicle pursuant to 49 CFR '567.5. Accordingly, you are correct that a final stage manufacturer is

required to certify that its finished product, including the glazing materials, complies with all applicable Federal safety standards.

A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards. 49 CFR '567.7. However, this provision does not apply to the "addition, substitution, or removal of readily attachable components ... or minor finishing operations, such as painting." NHTSA views the addition of window tint film as a "minor finishing operation." Accordingly, a person adding such tint film would not be considered an alterer and therefore would not be subject to certification responsibilities.

However, aside from certification responsibilities, pursuant to 49 U.S.C. ' 30112a, "a person may not...sell, offer for sale, [or] introduce or deliver for introduction in interstate commerce...any motor vehicle...unless the vehicle...complies with [all applicable standards]." Thus, it would be a violation of the statute to sell a new vehicle whose windows which are requisite for driving visibility had been tinted to allow less than 70 percent light transmittance.

Moreover, with respect to vehicles that are no longer new, a motor vehicle manufacturer, distributor, dealer, or repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." Thus, a person in any of these categories may not apply tint film that would cause the light transmittance of the glazing requisite for driving visibility to be under 70 percent.

You stated your belief that limousines that seat less than 10 persons may not be equipped with any sun screening or window tinting product, since such products would violate Standard No. 205. We wish to clarify one aspect of your statement. Limousines that seat less than 10 persons are considered "passenger cars" under NHTSA's regulations. NHTSA considers all windows in a passenger car to be requisite for driving visibility; accordingly, all windows in a passenger car/limousine must have a minimum 70 percent light transmittance. However, please note that tinting may be used in these vehicles, provided the tinted windows meet the minimum 70 percent light transmittance requirement.

You further asked whether a limousine that seats 10 or more persons is subject to the Federal window tinting requirements. A limousine with a capacity of more than 10 persons is considered a "bus" under our regulations. There are specific requirements in Standard No. 205 that apply to buses (or bus/limousines). Under these requirements, only the windshield and the windows to the immediate left and right of the driver are considered to be requisite for driving visibility (if they are equipped with dual outside mirrors satisfying section S6.1(b) of Standard No. 111), and thus subject to the minimum 70 percent light transmittance requirement. The windows to the rear of the driver in a bus/limousine, including the rear side and rear windows, are not required to meet the light transmittance requirement. Accordingly, Standard No. 205 does not prohibit the use of tinted glazing materials for bus/limousine windows to the rear of the driver when the vehicle is equipped with dual outside mirrors larger than those usually used on passenger cars.

I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:205#567 d:9/7/94 The agency defines "passenger car" as a "motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less." In turn, "multipurpose passenger vehicle" is defined as a "motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed on a truck chassis or with special features for occasional off-road operation." A "bus" is defined as a "motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons."

ID: GF005919

Mr. Robert Strassburger
Vice President, Safety and Harmonization
Alliance of Automobile Manufacturers
1401 H Street, NW, Suite 900
Washington, DC 20005




Dear Mr. Strassburger:

This responds to your July 1, 2005, letter asking us to clarify certain issues discussed in our response to petitions for reconsideration of the April 4, 2004, final rule expanding parts marking requirements. Specifically, you ask us to clarify the phase-in calculation procedures, and how exempted vehicle lines should be considered relative to the phase-in calculation.

On May 19, 2005, the National Highway Traffic Safety Administration (NHTSA) published its response to petitions for reconsideration of the final rule expanding parts marking requirements (see 70 FR 28843). As a part of this response, we adopted a phase-in of the expanded parts marking requirements over a two-year period. Specifically, a new section 541.3(c) reads as follows:

"For vehicles listed in subparagraphs (1)(i) to (iv) of this section that are (1) not subject to the requirements of this standard until September 1, 2006, and (2) manufactured between September 1, 2006, and August 31, 2007; a manufacturer needs to meet the requirements of this part only for lines representing at least 50% of a manufacturers total production of these vehicles." [emphasis added]

In your letter, you describe two possible interpretations of the phase-in requirement. In short, the first interpretation states that at least 50% of the production volume of the affected vehicles must be marked beginning September 1, 2006. The second interpretation states that at least 50% of the affected vehicle lines must be marked beginning September 1, 2006. To illustrate your question, you also offered the following hypothetical example:

Manufacturer XYZ has seven vehicle lines that are affected by the parts marking expansion.

Line	Production Volume
A	500,000
B	300,000
C	200,000
D	200,000
E	100,000
F	100,000
G	100,000
Total:	1,500,000

The first interpretation is correct and accurately reflects the regulatory text.That is, at least 50% of the production volume of affected vehicles must be marked beginning September 1, 2006. Using the example provided in your letter, the XYZ manufacturer could comply with the phase-in by marking the A and B lines, or A and C and E (or F or G lines) because together, these lines represent more than 50% of the production volume of affected vehicles.

The second interpretation does not accurately reflect the regulatory text because at least 50% of the vehicle lines (instead of the actual vehicles) could nevertheless amount to a smaller percentage of the vehicle fleet subject to the expanded parts marking requirements. For example, if the XYZ manufacturer marks lines D through F, the number of lines marked (4) will exceed 50% but the number of vehicles marked (500,000) would amount to less than 34% of the affected fleet. This outcome was not contemplated by the agency when issuing the response to petitions for reconsideration.

We note that the discussion on page 28848 of the preamble, which you believe raises the question of how to interpret the phase in requirements, sought to underscore the necessity of marking the entire vehicle line chosen for phase-in. For example, if the XYZ manufacturer chooses to mark A, C, and E lines, it must not stop marking the E vehicle line, once the total number of marked vehicles reaches 750,001.

You also ask how the exempted vehicle lines should be considered relative to the phase-in calculation. You are correct to note that the newly exempted vehicle lines must be included in the numerator and the denominator when calculating compliance with the phase-in. Using the XYZ manufacturer example, let us assume that vehicle line B was exempted from parts marking requirement. If XYZ manufacturer marks vehicle line A, it would be in compliance with the phase-in requirements because vehicle lines A and B represent more than 50% of the affected vehicles.

Finally, in your letter, you suggest that the agency amend the scope of the de minimis exemption for vehicle lines manufactured in quantities of not more than 3,500. That language currently reads as follows:

"(b) Exclusions. This standard does not apply to the following:

(2) Passenger motor vehicle parts identified in 541.5(a) that are present in a line with an annual production of not more than 3,500 vehicles."

You ask that we change the regulatory language such that the vehicle lines sold in the U.S. in quantities of not more than 3,500 would be exempted. We believe that no amendment is necessary. Ordinarily, our standards apply only to vehicles manufactured for sale in the Unites States. Thus, the de minimis exemption applies to vehicles lines manufactured in quantities of not more than 3,500 for sale in the U.S.

If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:541
d.8/5/05