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: 9923

Paul L. Anderson, President
Van-Con, Inc.
P.O. Box 237
123 William Street
Middlesex, NJ 08846-0237

Dear Mr. Anderson:

This responds to your letter of May 2, 1994, requesting information on which of the recent amendments to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992), would apply to Type A-1 school buses. Your letter notes that Type A-1 school buses have a capacity of 16-20 passengers and a gross vehicle weight rating (GVWR) of less than 10,000 pounds.

The recent amendments to Standard No. 217 set new 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 effect of each of these amendments on Type A-1 school buses is discussed separately below.

Provision of Emergency Exits (S5.2)

The recent amendments listed above revised S5.2.3 to specify the number and type of exits required on school buses, including Type A-1 school buses. This section states:

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, including Type A-1 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 Standard

No. 217 before the recent amendments. After deducting the daylight opening of the front service door and the required exit(s), any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) a emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

Please note that, while these new requirements apply to all school buses, it is unlikely that a 20 passenger school bus will require additional exits. Under the new requirements, a school bus with 21 designated seating positions (20 passengers plus the driver) is required to provide 9,072 square centimeters of exit area. A school bus with a front service door and either of the mandatory options (rear emergency exit door or side emergency exit door and rear push-out window) should easily exceed this amount. To illustrate, in the past, the agency has estimated that the average front service door has a daylight opening of 12,916 square centimeters. For school buses with a GVWR of 10,000 pounds or less, a rear emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,270 square centimeters. A side emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,954 square centimeters. A rear push-out window that is the minimum size required has a daylight opening of 5,002 square centimeters.

Emergency Exit Release (S5.3)

The recent amendments added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. As explained above, the recent amendments should not require either of these types of exits to be installed on Type A-1 school buses. However, if either of these types of exits are voluntarily installed on Type A-1 school buses, the release mechanisms must comply with these requirements. In the recent amendments to Standard No. 217, some of the performance requirements, including the release requirements in S5.3, apply to "each" emergency exit. This language extends these requirements to any emergency exit door in a school bus, including voluntarily installed ones. Other requirements apply to "required" emergency exits. (See, for example, S5.5.3(c) discussed below.) Those requirements do not apply to voluntarily installed emergency exits.

Emergency Exit Extension (S5.4)

The amendments of the extension requirements also apply to Type A-1 school buses. The recent amendments revised the extension requirements for side doors on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds) and set extension requirements for emergency roof exits on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds). These amendments also affect school buses with a GVWR of 10,000 pounds or less, as the requirements specify that these vehicles are to comply with the same requirements as school buses with a GVWR of more than 10,000 pounds (except for the minimum size for rear emergency exit doors).

If a Type A-1 school bus has a side emergency exit door, that exit is required to comply with the amended requirements concerning access to the exit. 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.

In addition, if an emergency roof exit is installed in a Type A-1 school bus, it is required to provide an opening at least 41 centimeters high and 41 centimeters wide under the new requirements.

Finally, all emergency exit doors, including emergency exit doors on Type A-1 school buses, are required to have a "positive door opening device" that, among other things, prevents the door from closing if it has been opened beyond a certain point (see, S5.4.2.1(a)(3)).

Emergency Exit Identification (S5.5)

Finally, the recent amendments revised the identification requirements (S5.5) for exits on all school buses, including Type A-1 school buses. As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit," as appropriate. For emergency exit doors, the location of this marking was not changed by these amendments. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. Please note however, that the identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

You should be aware that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the final rule. I have enclosed is a copy of a July 7, 1993 letter to Mr. Thomas D. Turner of the Blue Bird Body Company which discusses this issue. As explained in that letter, we plan to issue a correction notice of the November 2, 1992 rule 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.

To summarize and answer your specific questions, Type A-1 school buses typically would not be affected by the recent amendment requiring either emergency roof exits or emergency window exits. However, required emergency exits (including a rear emergency exit door) are required to be outlined with retroreflective tape. In addition, all exits (required and voluntary) must comply with the new performance requirements for release and extension.

With respect to your receipt of an oral interpretation from agency staff, I would also like to emphasize that, to the extent there are questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authoritative and which therefore can be relied upon by manufacturers are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might be misinterpreted by manufacturers as official agency guidance on which they may safely rely.

Please note that recent delay of the effective date of the recent amendments applies only to provision of emergency exits (S5.2) (59 FR 22997; May 4, 1994). The other amendments were effective on May 2, 1994. I also note that the May 4 notice does not state "that it only applys (sic) to School Buses with capacity of 24 to 90 passengers." The notice does refer to tables in a previous NPRM which listed the types of exits required under the proposal for buses with a capacity in that range.

I have also enclosed a copy of the recent final rules 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

Enclosures

ref:217 d:5/18/94

ID: nht75-3.49

DATE: 05/27/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the Truck Trailer Manufacturers Association March 28, 1975, request that the National Highway Traffic Safety Administration (NHTSA) review its position that building a trailer from new materials in combination with the running rear of an existing trailer constitutes the manufacture of a new vehicle subject to applicable safety standards. You also request confirmation that modification of the barrel of a tank trailer to replace compartments or to add to its volume does not constitute manufacture of a new vehicle.

NHTSA has already reconsidered its interpretation of what constitutes the manufacture of a new truck in cases where components from an existing vehicle are used. Based on the high value of the drive train components found in powered vehicles, NHTSA has proposed an amendment of Part 571 that would supplant its earlier interpretation that, to constitute repair, the chassis of the existing vehicle must as a minimum be used in the new vehicle. The proposed amendment would establish that, in the assembly of a truck, a new vehicle is manufactured for purposes of compliance with and certification to applicable safety standards, unless the engine, transmission, and rear drive axles (as a minimum) of the rebuilt vehicle are not new, and at least two of these components were taken from an existing vehicle whose identify is continued in the rebuilt vehicle with respect to model year, vehicle identification number, and any other documentation incident to the vehicle's remanufacture and registration.

Our interpretation of what constitutes manufacture of a new trailer (when use of components from an existing vehicle is involved) parallels our present interpretation of truck rebuilding in this area. We regret any confusion in our use of the term "chassis", but we have made clear that the running gear and main frame of an existing vehicle, must, as a minimum, be used in the rebuilding of a vehicle to be considered a repair. I enclose copies of two letters which establish this point.

NHTSA does not view the manufacture of trucks and trailers as sufficiently similar to justify attempting to apply our newly-proposed position on truck rebuilding to trailer manufacture. The primary consideration of extremely high value of drive train components found in powered vehicles is not applicable to trailer manufacture. NHTSA also concludes that the economic considerations which discourage avoidance of Standard No. 121, Air brake systems, in truck manufacture do not operate in trailer manufacture.

In regard to tank trailer modifications where the tank serves the purpose of and replaces the frame rails, we would not consider replacement of compartments in the tank to be manufacture of a new vehicle. Similarly, the addition of volume in response to the new weight limits would not constitute manufacture of a new vehicle.

SINCERELY,

Truck Trailer Manufacturers Association

March 28, 1975

Dr. James B. Gregory Administrator National Highway Traffic Safety Administration Department of Transportation

Subject: Petition for Reconsideration of Applicability of Motor Vehicle Safety Standards through Interpretive Letters

(Info copies to: Chief Legal Officer, NHTSA - Docket 49 Part 571)

Reference is made to the letter of interpretation by Mr. Richard B. Dyson, Acting Chief Counsel, NHTSA, to Robert S. Podlewski of Diamond Reo Trucks, Inc., dated October 7, 1974, NHTSA file No. 40-30(TWH) concerning the use of "glider kits" and to subsequent related actions now understood to be under advisement and study by the staff of the Office of Chief Legal Counsel, NHTSA.

The Truck Trailer Manufacturers Association (TTMA) represent approximately 200 truck trailer and component suppliers who produce more than 90% of the truck trailers built in the United States. Some of our member companies also engage in repairing damaged vehicles and others are engaged in furnishing vehicle components to those organizations that are involved in vehicle repairing activities.

The membership of this Association is concerned over the interpretation understood from the above referenced letter as are some truck manufacturers.

Our membership greatly appreciates cost effectiveness activities. The repairing of a customers' damaged truck trailer is understandably a consumer's cost effectiveness program especially during these trying economic times.

There are many cases where truck trailer bodies, frames or trailer tanks are unserviceable, and, byu repairing (oftentimes including the replacement of damaged or unserviceable assembly or sub-assembly components a most proper and necessary cost effectiveness vehicle repairing program can be and should be accomplished.

In addition, there are cases where truck trailer running gears such as axles, suspensions, and/or frames and stub frames are perfectly safe, serviceable, and suitable for continued road use. Our membership considers the disposal of such serviceable items to be a monetary loss and a national economic waste of durable goods. This waste would not occur except for interpretations of certain Motor Vehicle Safety Standards.

When a customer-owned trailer is unfortunately involved in an accident and that vehicle owner or his insurance company desires to save the majority of new vehicle replacement costs by repairing that old vehicle for that owner by replacing or installing a new or used body structure, thereon, we do not understand how that repair job can be classified to be the manufacture of a new vehicle for Safety Standards Application purposes.

Accordingly, this Association petitions and requests that the decision resulting from the process whereby the National Highway Traffic Safety Administration reconsiders the issues involved in the referenced Diamond Reo -- International Harvester, et al question involving the subject of truck repair versus new vehicle manufacturing, as related to unserviceable used vehicles, that the decision be couched in such language that the interpretation can be directly applied to truck trailers which are constructed of the same or similar types of components as are found in trucks.

Related to the above, it should be noted that auxiliary driving engines have been installed, from time to time, on truck trailers to furnish auxiliary driving power when it was found desirable to enhance the combination vehicles' hill climbing ability or for other reasons.

In arriving at the Administration's re-evaluated interpretation concerned, we should like to advise that the "frame" of a vehicle is not synonymous with "chassis". The "chassis" is generally understood to mean the basic operating motor vehicle including engine, frame, operational controls, and other essential parts but exclusive of a cab, body or accommodations for the operator, passengers, or property. Where a cab or flat face cowl is installed on a chassis, the composite is known and designated as "chassis and cab" or "chassis and cowl", etc. It would therefore be appreciated if the NHTSA interpretations to be rendered, especially on the repair versus new vehicle manufacturing question, give due consideration to the above clarification of "chassis" which NHTSA has previously used in a questionable and perplexing manner.

We do not construe that the use of a new "frame" or the equivalent structure to which is attached the used components of the original vehicle, to replace a damaged, bent, and/or unserviceable "frame" in any way, shape, or form constitutes the construction of a new motor vehicle, considering that the vehicles operating and identifying characteristics remain unchanged.

Again, related to the above, is the processing of a tank trailer where an existing leaking compartment is to be replaced or where the compartment is to be increased in capacity while the remainder of the vehicle is not otherwise changed. We do not consider that these repairing processes constitutes the construction of a new vehicle for Safety Standards Application purposes.

The Truck Trailer Manufacturers Association fully supports the enforcement of appropriate, practical and needed for safety Motor Vehicle Safety Standards. However, we must petition for the reconsideration of what appears to be the unlawful interpretations which, in effect, retroactively require equipment modernization to the most current safety standards promulgated for new vehicles to be applied to used motor vehicles because of normal trade practices of cost effective repairing of damaged or otherwise unserviceable used equipment.

The Association believes that the Podlewski response by NHTSA is a questionable intepretation of Motor Vehicle Safety Standards which were promulgated under the Administrative Procedures Act. What appears to have happened, in this case of repair versus new manufacturing question, has the effect of retroactive applicability of Safety Standards by fiat subsequent to the time that the Standards are established. Yet, we do not believe NHTSA or the Congress ever intended to require the retroactive modernization of used vehicles by rule interpreting procedures.

The Truck Trailer Manufacturers Association supports the concept found in the White Motor Company's suggested draft of "Interpretation of Manufacture vs. Repair of Vehicles" contained in the Public Docket.

It is therefore requested that the contents of this presentation be given due consideration in the action now being studied by Legal Counsel of NHTSA on the Diamond Reo-International-White et al reconsideration question of Repair vs. New Manufacturing.

Sumner Meiselman Staff Engineer

ID: nht94-3.1

TYPE: INTERPRETATION-NHTSA

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Paul L. Anderson -- President, Van-Con, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 5/2/94 From Paul Anderson To John Womack (OCC-9923)

TEXT: Dear Mr. Anderson:

This responds to your letter of May 2, 1994, requesting information on which of the recent amendments to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992), would appl y to Type A-1 school buses. Your letter notes that Type A-1 school buses have a capacity of 16-20 passengers and a gross vehicle weight rating (GVWR) of less than 10,000 pounds.

The recent amendments to Standard No. 217 set new 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), r evised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The effect of each of these amendments on Type A-1 school buses is discussed separately below.

Provision of Emergency Exits (S5.2)

The recent amendments listed above revised S5.2.3 to specify the number and type of exits required on school buses, including Type A-1 school buses. This section states:

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 base d 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, including Type A-1 school buses, are required to have either a rear emergency exit door or a side emergency exit door and a rear p ush-out window. These are the same exits required by Standard

2

No. 217 before the recent amendments. After deducting the daylight opening of the front service door and the required exit(s), any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door , (2) a emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

Please note that, while these new requirements apply to all school buses, it is unlikely that a 20 passenger school bus will require additional exits. Under the new requirements, a school bus with 21 designated seating positions (20 passengers plus the driver) is required to provide 9,072 square centimeters of exit area. A school bus with a front service door and either of the mandatory options (rear emergency exit door or side emergency exit door and rear push-out window) should easily exceed this am ount. To illustrate, in the past, the agency has estimated that the average front service door has a daylight opening of 12,916 square centimeters. For school buses with a GVWR of 10,000 pounds or less, a rear emergency door that is the minimum size re quired to meet the extension requirements has a daylight opening of 6,270 square centimeters. A side emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,954 square centimeters. A rear push-out window that is the minimum size required has a daylight opening of 5,002 square centimeters.

Emergency Exit Release (S5.3)

The recent amendments added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. As explained above, the recent amendments should not require either of these types of exits to be instal led on Type A-1 school buses. However, if either of these types of exits are voluntarily installed on Type A-1 school buses, the release mechanisms must comply with these requirements. In the recent amendments to Standard No. 217, some of the performan ce requirements, including the release requirements in S5.3, apply to "each" emergency exit. This language extends these requirements to any emergency exit door in a school bus, including voluntarily installed ones. Other requirements apply to "require d" emergency exits. (See, for example, S5.5.3(c) discussed below.) Those requirements do not apply to voluntarily installed emergency exits.

Emergency Exit Extension (S5.4)

The amendments of the extension requirements also apply to Type A-1 school buses. The recent amendments revised the extension requirements for side doors on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds) and set extension requirem ents for emergency roof exits on school buses with a GVWR

3

of more than 4,536 kilograms (10,000 pounds). These amendments also affect school buses with a GVWR of 10,000 pounds or less, as the requirements specify that these vehicles are to comply with the same requirements as school buses with a GVWR of more th an 10,000 pounds (except for the minimum size for rear emergency exit doors).

If a Type A-1 school bus has a side emergency exit door, that exit is required to comply with the amended requirements concerning access to the exit. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 c entimeters 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 flip s 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.

In addition, if an emergency roof exit is installed in a Type A-1 school bus, it is required to provide an opening at least 41 centimeters high and 41 centimeters wide under the new requirements.

Finally, all emergency exit doors, including emergency exit doors on Type A-1 school buses, are required to have a positive door opening device.

Emergency Exit Identification (S5.5)

Finally, the recent amendments revised the identification requirements (S5.5) for exits on all school buses, including Type A-1 school buses. As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit," as appropriate. For emergency exit doors, the location of this marking was not changed by these amendments. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must b e outlined with retroreflective tape. Please note however, that the identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

You should be aware that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the final rule. I have enclosed is a copy of a July 7, 1993 letter to Mr. Thomas D. Turner of the Blue Bird Body Company which discusses this issue. As explained in that letter, we plan to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measure s

4

regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

To summarize and answer your specific questions, Type A-1 school buses typically would not be affected by the recent amendment requiring either emergency roof exits or emergency window exits. However, required emergency exits (including a rear emergency exit door) are required to be outlined with retroreflective tape. In addition, all exits (required and voluntary) must comply with the new performance requirements for release and extension.

With respect to your receipt of an oral interpretation from agency staff, I would also like to emphasize that, to the extent there are questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authori tative and which therefore can be relied upon by manufacturers are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might be misinterpreted by manufacturers as official age ncy guidance on which they may safely rely.

Please note that recent delay of the effective date of the recent amendments applies only to provision of emergency exits (S5.2) (59 FR 22997; May 4, 1994). The other amendments were effective on May 2, 1994. I also note that the May 4 notice does not s tate "that it only applys (sic) to School Buses with capacity of 24 to 90 passengers." The notice does refer to tables in a previous NPRM which listed the types of exits required under the proposal for buses with a capacity in that range.

I have also enclosed a copy of the recent final rules 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,

Enclosures

ID: nht94-5.22

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Paul L. Anderson -- President, Van-Con, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 5/2/94 From Paul Anderson To John Womack (OCC-9923)

TEXT: Dear Mr. Anderson:

This responds to your letter of May 2, 1994, requesting information on which of the recent amendments to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992), would apply to Type A-1 school buses. Your letter notes that Type A-1 school buses have a capacity of 16-20 passengers and a gross vehicle weight rating (GVWR) of less than 10,000 pounds.

The recent amendments to Standard No. 217 set new 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 effect of each of these amendments on Type A-1 school buses is discussed separately below.

Provision of Emergency Exits (S5.2)

The recent amendments listed above revised S5.2.3 to specify the number and type of exits required on school buses, including Type A-1 school buses. This section states:

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, including Type A-1 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 Standard

2

No. 217 before the recent amendments. After deducting the daylight opening of the front service door and the required exit(s), any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) a emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

Please note that, while these new requirements apply to all school buses, it is unlikely that a 20 passenger school bus will require additional exits. Under the new requirements, a school bus with 21 designated seating positions (20 passengers plus the driver) is required to provide 9,072 square centimeters of exit area. A school bus with a front service door and either of the mandatory options (rear emergency exit door or side emergency exit door and rear push-out window) should easily exceed this amount. To illustrate, in the past, the agency has estimated that the average front service door has a daylight opening of 12,916 square centimeters. For school buses with a GVWR of 10,000 pounds or less, a rear emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,270 square centimeters. A side emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,954 square centimeters. A rear push-out window that is the minimum size required has a daylight opening of 5,002 square centimeters.

Emergency Exit Release (S5.3)

The recent amendments added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. As explained above, the recent amendments should not require either of these types of exits to be installed on Type A-1 school buses. However, if either of these types of exits are voluntarily installed on Type A-1 school buses, the release mechanisms must comply with these requirements. In the recent amendments to Standard No. 217, some of the performance requirements, including the release requirements in S5.3, apply to "each" emergency exit. This language extends these requirements to any emergency exit door in a school bus, including voluntarily installed ones. Other requirements apply to "required" emergency exits. (See, for example, S5.5.3(c) discussed below.) Those requirements do not apply to voluntarily installed emergency exits.

Emergency Exit Extension (S5.4)

The amendments of the extension requirements also apply to Type A-1 school buses. The recent amendments revised the extension requirements for side doors on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds) and set extension requirements for emergency roof exits on school buses with a GVWR

3

of more than 4,536 kilograms (10,000 pounds). These amendments also affect school buses with a GVWR of 10,000 pounds or less, as the requirements specify that these vehicles are to comply with the same requirements as school buses with a GVWR of more than 10,000 pounds (except for the minimum size for rear emergency exit doors).

If a Type A-1 school bus has a side emergency exit door, that exit is required to comply with the amended requirements concerning access to the exit. 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.

In addition, if an emergency roof exit is installed in a Type A-1 school bus, it is required to provide an opening at least 41 centimeters high and 41 centimeters wide under the new requirements.

Finally, all emergency exit doors, including emergency exit doors on Type A-1 school buses, are required to have a positive door opening device.

Emergency Exit Identification (S5.5)

Finally, the recent amendments revised the identification requirements (S5.5) for exits on all school buses, including Type A-1 school buses. As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit," as appropriate. For emergency exit doors, the location of this marking was not changed by these amendments. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. Please note however, that the identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

You should be aware that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the final rule. I have enclosed is a copy of a July 7, 1993 letter to Mr. Thomas D. Turner of the Blue Bird Body Company which discusses this issue. As explained in that letter, we plan to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures

4

regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

To summarize and answer your specific questions, Type A-1 school buses typically would not be affected by the recent amendment requiring either emergency roof exits or emergency window exits. However, required emergency exits (including a rear emergency exit door) are required to be outlined with retroreflective tape. In addition, all exits (required and voluntary) must comply with the new performance requirements for release and extension.

With respect to your receipt of an oral interpretation from agency staff, I would also like to emphasize that, to the extent there are questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authoritative and which therefore can be relied upon by manufacturers are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might be misinterpreted by manufacturers as official agency guidance on which they may safely rely.

Please note that recent delay of the effective date of the recent amendments applies only to provision of emergency exits (S5.2) (59 FR 22997; May 4, 1994). The other amendments were effective on May 2, 1994. I also note that the May 4 notice does not state "that it only applys (sic) to School Buses with capacity of 24 to 90 passengers." The notice does refer to tables in a previous NPRM which listed the types of exits required under the proposal for buses with a capacity in that range.

I have also enclosed a copy of the recent final rules 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,

Enclosures

ID: nht91-3.36

DATE: May 1, 1991

FROM: Cliff Chuang -- Chief Design Engineering, Prospects Corporation

TO: Legal Counsel -- NHTSA

TITLE: Re Require Confirmation For The Interpretation Of New FMVSS Standard number 118

ATTACHMT: Attached to letter dated 7-1-91 from Paul Jackson Rice to Cliff Chuang (A38; Std. 118)

TEXT:

We have received the new FMVSS #118 published on April 16, 1991. Our company is currently developing advanced power window and power sunroof control systems for the automotive industry. Several of our interpretations to the new standard #118 need to be confirmed in writing by your office.

First, the new FMVSS #118 section S5 (a) says: "Notwithstanding S4, power window, partition or roof panel systems which, while closing, reverse direction when they meet a resistive force of 22 pounds or more from a solid cylinder of 4 to 200 mm in diameter and open to at least 200 mm, may close: ... "

Our interpretation of "22 pounds or more" is that 22 pounds is set as the MINIMUM level of the resistive force for the control system to reverse the window moving direction from closing to opening. Most motors that are currently used in the vehicle power window systems have a maximum force of around 65 pounds. Assume the motor has to give X pounds of force to move the window upward in a normal closing, if an obstruction occurs, naturally the motor will provide more force in order to continue to move the window upward. The force level can change very rapidly when the obstruction occurs. When the total force reaches the minimum level of (X + 22) pounds, or exceeds the minimum level and reaches anywhere between (X + 22) pounds and the maximum force (i.e., 65 pounds), if the control system has the capability to immediately reverse the window moving direction from closing to opening to at least 200 mm, then this control system complies with FMVSS #118 S5.

Second, the new FMVSS #118 section S5 (b) says: "The 4 to '200 mm dimension cited in S5 (a) is measured from the window or panel's leading edge to the daylight opening."

Our interpretation is that this 4 mm daylight opening can-be seen from inside the passenger compartment. We attached diagram Fig.-l (for window), Fig.-2 and Fig.-3 (for sunroof) to explain our understanding.

Please examine our interpretations and confirm them in writing as soon as possible. Your confirmation will have significant impact on our system development. I am looking forward to hearing from you soon.

Fig.-1 -- Window Diagram (graphics omitted) Fig.-2 -- Sunroof Diagram (graphics omitted)

Fig.-3 -- Sunroof Diagram (graphics omitted)

ID: 21492volvotension

William Shapiro, P.E.
Director, Regulatory Compliance and Environmental Affairs
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647-0913





Dear Mr. Shapiro:

This responds to your letter asking about a certain aspect of the dynamic test procedure of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems, as applied to a new add-on rear-facing child restraint system that Volvo has developed. Your question relates to a movable surface, a "tension bracket," on the child restraint system that a consumer installing the child restraint would adjust. The tension bracket would increase the tension of the vehicle belt system that attaches the child restraint to the vehicle seat. You ask whether we would deploy the tension bracket in our compliance test of Standard No. 213. Our answer is no.

Background
You explain that the child restraint system ("CRS") is designed in both an infant-only configuration (for children with a mass of up to 10 kilograms (kg)), and a "toddler" configuration (children in the range of 9 to 18 kg). You state that both configurations use a base, or frame, that attaches to the vehicle seat by way of the vehicle belt system and by components that attach to the lower bars of a child restraint anchorage system (see FMVSS No. 225, 49 CFR 571.225).

Your inquiry relates to attaching the child restraint system by way of the vehicle belt system. Volvo designed a tension bracket for this means of attachment, described by you as: "an inverted "U"-shaped surface, attached near the edge of the CRS base or CRS frame (the edge of the CRS which is closest to the vehicle's seat bight)." When the tension bracket is deployed, it "increases tension on the vehicle's belt system, enhancing the coupling of the CRS to the vehicle seat...."

Section 6.1.2(d)(ii) of Standard No. 213 specifies that, when a child restraint is tested on the standard seat assembly when attached by a Type I (lap belt), the belt is tightened to a tension of not less than 53.5 Newtons (N) and not more than 67 N. Volvo believes that the dynamic test should be conducted by "first, routing the standard vehicle lap belt through the CRS belt path/guide, second, adjusting the belt tension to be in the range of 53.5-67 N, and then third, pushing the tension bracket ("U"-shaped surface) against the vehicle seat back by pushing the handle at the top of the tension bracket and the padded top crossbar of the CRS frame apart." Deploying the tension bracket in the sequence will increase the belt tension above 67 N.

You believe that the dynamic test procedure (S6.1.2) of Standard No. 213 permits the deployment of the tension bracket and the resultant increase in belt tension (above 67 N) because S6.1.2 specifies that the add-on child restraint system is installed at the center seating position of the seat assembly "in accordance with the manufacturer's instructions provided with the system." You state that your instructions tell the consumer to (a) "tighten the lap belt fully" while pressing the base into the seat cushion, then (b) deploy the tension bracket. You therefore believe that the dynamic test should be conducted with the tension bracket deployed, since deploying it would be in accordance with your instructions.

Discussion
We do not agree that, for purposes of conducting the dynamic tests in Standard No. 213, the tension bracket should be deployed after the lap belt has been adjusted to 53.5 to 67 N.

The dynamic test procedures of Standard No. 213 are carefully controlled to ensure that all child restraints are tested in the same manner, under identical conditions. Section 6.1.2(d)(ii) of Standard No. 213 specifies the amount of tension that must be on the lap belt (not less than 53.5 N to not more than 67 N) to control the means of attaching each child restraint, thereby reducing variability, and to better assess the performance of the restraint. Under the test procedures of the standard, the tension of the lap belt is checked and controlled immediately before the dynamic test. (See S6.1.2(d)(ii) and S6.1.2(e).) Contrary to your suggestion, we do not subsequently adjust the child restraint to make sure that various features of the restraint that may have been added by the manufacturer are deployed.

Further, specifying the amount of tension that is in the lap belt helps ensure that all child restraints can provide a minimum level of safety when attached in a standardized manner. In our view, no child restraint can be tested with more than the specified 67 N of tension, since that would make the test less stringent. We note that the child restraint requires action on the part of the consumer to increase the belt tension. It does not do so automatically. If the tension adjustment in the seat operated automatically, such that it was impossible to install the seat at a tension below 67 N, we would test at the higher tension.

With your child restraint system, the benefits from the increased tension of the vehicle belt will not be realized by consumers who neglect to deploy the tension bracket or who do so incorrectly. The possibility of the tension bracket not being used is not insignificant, since child restraints do not generally use a tension bracket. The attachment of child restraints to vehicle seats is intended to be standardized. Thus, child restraints must meet the minimum performance requirements of Standard No. 213 regardless of whether a tension bracket is deployed, to guard against a degradation of safety in cases where the bracket is misused.

Accordingly, we conclude that child restraints must meet the minimum performance requirements of Standard No. 213 when the lap belt has a tension of not more than 67 N. We realize that your feature can tension a vehicle belt further and that the removal of slack in the belt system is generally beneficial to child restraint performance. However, our conclusion ensures that child restraints provide a minimum level of safety even when features that are supplemental to the standard means of attaching a child restraint are not used as intended.

If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:213
d.10/17/00

ID: 2636y

Mr. Jack E. Eanes
Chief, Vehicle Services
State of Delaware
Department of Public Safety
Division of Motor Vehicles
P. O. Box 698
Dover, Delaware, 19903

Dear Mr. Eanes:

This is in response to your letter asking whether very darkly tinted rear windows that obscure the center highmounted stop lamp (CHMSL) required in passenger cars manufactured on or after September 1, 1985 would violate any Federal laws or regulations. Let me begin by apologizing for the delay in this response. I am pleased to have this opportunity to explain our laws and regulations for you.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to issue two safety standards that are relevant to your question. The first of these is Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108), which applies to all new vehicles and new replacement equipment for motor vehicles. Among the requirements set forth in this Standard is a requirement for all passenger cars manufactured on or after September 1, 1985 to be equipped with a CHMSL of specified minimum size, brightness, and visibility from the range of locations set forth in the standard. The second relevant standard is Standard No. 205, Glazing Materials (49 CFR 571.205). This standard applies to all new vehicles and all new glazing for use in motor vehicles, and includes specifications for minimum levels of light transmittance of the glazing (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)) provides that no person may manufacture or sell any vehicle unless it is in conformity with all applicable safety standards. A new passenger car with a rear window tinted so darkly that the CHMSL was not easily visible would probably not be in conformity with Standards No. 108 and 205, and so could not legally be manufactured or sold in the United States. However, this prohibition on the manufacture or sale of a nonconforming vehicle does not apply after a vehicle is first sold to a consumer.

Both before and after the first sale of a vehicle, section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)) provides that: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." If any of the listed commercial entities were to install tint film or otherwise darken the rear windows on passenger cars so that the light transmittance of that window plus the darkening material was below 70 percent, those entities would be "rendering inoperative" the light transmittance of the rear window of the car, in violation of Federal law. This same prohibition in Federal law makes it unlawful for a service station to permanently remove the safety belts or permanently disconnect the brake lines on a car.

Please note that the Safety Act does not apply to the actions of individual vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways as they please, even if the vehicle no longer complies with the safety standards after such alterations. Hence, no provision of the Safety Act or our safety standards makes it unlawful for vehicle owners themselves to tint or otherwise darken the rear window of their car so that its light transmittance is below 70 percent and/or its CHMSL is obscured.

The individual States, however, do have authority to regulate the modifications that vehicle owners may make to their own vehicles. The States also have the authority to establish requirements for vehicles to be registered or operated in that State.

You indicated in your letter that the State of Delaware "allows vehicle rear windows to be tinted as dark as the owner desires." While I am not familiar with Delaware law, I assume that this statute, and similar statutes adopted by other States, does not purport to legitimize conduct -- the rendering inoperative of glazing and CHMSLs by firms installing window tinting -- that is illegal under Federal law. In other words, any commercial firms installing window tinting that results in light transmittance of less than 70 percent and/or reduces the required brightness of the CHMSL would have violated the "render inoperative" provision in Federal law, even if Delaware permits individual owners to make such modifications themselves and to register and operate vehicles with rear windows and CHMSLs that would not comply with the requirements of the Federal safety standards for new vehicles. Conversely, the Federal law setting requirements for the manufacture and sale of new vehicles and limiting the modifications commercial enterprises can make to those vehicles does not prohibit the State of Delaware from establishing lesser limits on owner modifications to their own vehicles and as the minimum requirements for vehicles to be operated and registered in the State of Delaware.

Thus, there does not appear to be any legal conflict between Federal law and Delaware law, and Delaware would be free to enforce the provisions of its law. We would, however, urge the State of Delaware to carefully consider the adverse safety consequences that will result from the provision of its law. NHTSA has determined that a 70 percent light transmittance minimum for new vehicles is the appropriate level to assure motor vehicle safety, and that the CHMSL on passenger cars enhances motor vehicle safety. It is not clear why the State of Delaware would conclude that the safety need that justifies requiring not less than 70 percent light transmittance and CHMSLs in new passenger cars is satisfied by allowing far lower light transmittance levels and lower-brightness CHMSLs in passenger cars to be operated in the State.

I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:108#205#VSA d:7/3l/90

ID: 2637y

Ms. Betsy Dittemore
Legislative Liaison
Iowa Department of Public Safety
Office of the Commissioner
Wallace State Office Building
Des Moines, Iowa 50319

Dear Ms. Dittemore:

Thank you for your letter regarding a bill introduced in the Iowa Senate that, among other features, would establish light transmittance limits for "sunscreening devices" that may be applied to the windows of motor vehicles operated in Iowa. I apologize for the delay in this response. You requested our office's interpretation about whether provisions of this bill would violate or be preempted by Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR 571.205).

As you are aware, this agency is authorized by section 103 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392) 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, 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 may manufacture, import, or sell any vehicle in the United States unless it is in conformity with all applicable safety standards. Pursuant to section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)), this prohibition no longer applies after the vehicle is sold to a consumer. However, both before and after the first sale, section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)) provides that "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a notor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . ."

In the case of windows on a passenger car, this provision of Federal law means that no manufacturer, dealer, distributor, or repair business could install window tinting film that would result in a light transmittance of less than 70 percent for any window of the car, because such action would "render inoperative" the vehicle's compliance with Standard No. 205. This same provision of Federal law prohibits a service station from permanently removing safety belts or permanently disconnecting brake lines on motor vehicles.

Please note that the Safety Act does not apply to the actions of 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 individual States, however, have the authority to regulate the modifications that vehicle owners may make to their own vehicles and to establish requirements for vehicles operated or registered in that State. The Iowa Senate bill enclosed with your letter appears to be an attempted exercise of this inherent authority.

You asked for comments on whether this bill, if adopted as law in Iowa, would be preempted by Standard No. 205. I assume you were referring to the provision in this Iowa bill that would prohibit the operation of motor vehicles required to be registered in the State of Iowa if the vehicle has a "sunscreening device" on the front side windows with light transmittance of less than 35 percent or on the rear window and side windows behind the driver with light transmittance of less than 20 percent. Since the original glazing on the vehicle could have had light transmittance of as little as 70 percent, this provision would permit overall light transmittance levels of as low as 25 percent for the front side windows and 14 percent for the rear windows.

This provision in the Iowa bill, and similar provisions in statutes adopted by other States, does not purport to legitimize conduct -- the rendering inoperative of glazing by firms installing window tinting -- that is illegal under Federal law. In other words, firms installing window tinting that results in light transmittance of less than 70 percent on any window of a passenger car would have violated the "render inoperative" provision in Federal law, even if Iowa had in place a statute that would permit persons to operate and register vehicles whose windows had light transmittance that was far lower. Conversely, the Federal law setting requirements for the manufacture and sale of new vehicles and limiting the modifications commercial enterprises can make to those vehicles does not prohibit the State of Iowa from establishing lesser limits on owner modifications to their own vehicles and as the minimum requirements for vehicles to be operated and registered in the State of Iowa.

Thus, there does not appear to be any legal conflict between Federal law and this Iowa bill, and Iowa would be free to enforce the provisions of this bill if it is enacted into law. We would, however, urge the State of Iowa to carefully consider the adverse safety consequences that would result from enacting this bill into law. NHTSA has determined that a 70 percent light transmittance minimum for new vehicles is the appropriate level to assure motor vehicle safety. Your letter indicated that Iowa had also adopted this 70 percent light transmittance minimum as a State requirement for new vehicles. It is not clear why the State of Iowa would conclude that the safety need that justifies requiring not less than 70 percent light transmittance in new vehicles is satisfied by allowing light transmittance levels as low as 25 and 14 percent in vehicles to be operated in the State.

I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:205#VSA d:7/30/90

ID: 7323

Mr. Kevin B. Brown
EG&G Idaho, Inc.
P.O. Box 1625
Idaho Falls, ID 83415-4103

Dear Mr. Brown:

This responds to your letter concerning 49 CFR 567 requirements for intermediate or final stage manufacture vehicle labeling. I apologize for the delay in responding. You stated in your letter that EG&G Idaho, as prime contractor for the Department of Energy, Idaho Field Office, procures and maintains all government-owned vehicles, and occasionally procures truck chassis purchased through the General Services Administration for subsequent mounting of service bodies.

I am pleased to have this opportunity to explain our regulations to you. Before addressing the specific issues raised in the letter, some background information may be helpful. The National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C., 1381-1431 (hereinafter "Safety Act") authorizes this agency to establish Federal motor vehicle safety standards for new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Rather, the Safety Act establishes a self-certification process which requires each manufacturer, in the exercise of due care, to ensure and certify that its products meet all applicable Federal safety standards. Thereafter, NHTSA periodically tests vehicles and equipment for compliance with the standards and investigates allegations of safety-related defects.

In addition, the Safety Act only requires new vehicles to comply with applicable safety standards. The only provision of the Safety Act that would apply after the first purchase of a vehicle is 15 U.S.C. 1397 (a)(2)(A), which states in relevant part that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

The first question to be answered is whether EG&G Idaho is a manufacturer. Under 49 CFR 568.3, a final-stage manufacturer is "a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle." An incomplete vehicle is "an assemblage consisting, as a minimum, of frame and chassis structure..." that requires "further manufacturing operations, other than the addition of readily attachable components... ." Readily attachable components include items such as mirrors or tire and rim assemblies. Service bodies are not "readily attachable components." Therefore, in installing service bodies on new chassis, EG&G is acting as a final-stage manufacturer under federal regulations.

49 CFR 586.6 establishes certain requirements for final-stage manufacturers, including:

(a) Each final-stage manufacturer shall complete the vehicle in such a manner that it conforms to the standards in effect on the date of the manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates. ... (b) Each final-stage manufacturer shall affix a label to the completed vehicle in accordance with 567.5 of this chapter.

EG&G must attach the proper label to the completed vehicle as set out in 49 CFR 567.5(c), a copy of which is enclosed for your convenience. According to your letter, EG&G mounts bodies in accordance with the original (i.e., incomplete) manufacturer's instructions or recommendations. In that case, EG&G's certification that the completed vehicle conforms to all applicable safety standards can state simply that the vehicle has been completed in accordance with the prior manufacturer's instructions, per 567.5(c)(7).

When EG&G mounts a new body on a new chassis, the resulting vehicle is subject to the Safety Act and the certification requirements of 49 CFR 567 and 568. However, according to your letter, you also mount bodies on "existing used" chassis. 49 CFR 571.7(e) deals with combining new and used components:

When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured for purposes of paragraph (a) of this section [stating that safety standards apply to all relevant motor vehicles], the application of the requirements of this chapter, and the [Safety] Act, unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

This means that the vehicle resulting from placing a new body upon a used chassis is a used vehicle. If, in addition to adding a new body, the operation also modifies the chassis by adding new components, such as new engine, transmission, suspension, etc., it is more likely that the resulting vehicle would be considered a new vehicle. If your vehicles produced with "existing used chassis" will incorporate the engine, transmission, and drive axle from the existing used chassis, the completed vehicles would be "used" and would not require vehicle certification. Some of our standards, however, apply to individual items of motor vehicle equipment (e.g., brake hoses and fluids, lighting equipment, tires, seatbelt assemblies, glazing). If your converted vehicles incorporate new items of these types of equipment, the items must comply with the applicable Federal safety standards. For example, lights are subject to requirements specified in Standard No. 108, and glazing is subject to requirements specified in Standard No. 205.

Finally, you ask whether "EG&G Idaho need[s] to be certificated... ." There is no procedure to certify any manufacturer. It is the manufacturer that must certify that its vehicles meet the applicable federal safety standards. However, you should submit the manufacturer's information required by 49 CFR 566 to NHTSA. This information includes the name and address of the manufacturer (in this case, EG&G), a description of the type of vehicle manufactured, the use for which it is intended, and the fact that EG&G is a final stage manufacturer. I have enclosed a copy of Part 566 for your information.

For your information, I have also enclosed a general information sheet for new manufacturers that gives a succinct outline of the relevant NHTSA regulations and explains how to get copies of those regulations.

I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosures ref:567 d:9/4/92