ID: nht94-6.30

DATE: April 14, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John Rhein -- Fisher-Price, Inc. (East Aurora, NY)

TITLE: None

ATTACHMT: Attached to letter dated 5/3/93 from John Rhein to John Womack (OCC 8639)

TEXT:

This responds to your letter about the consumer registration card required by Safety Standard No. 213, "Child Restraint Systems." I apologize for the delay in responding.

You ask about three features of a registration card you wish to produce, and enclosed a sample card setting forth a "proposed format." You first ask whether you may specify "Please Print" on the card. The answer is yes. NHTSA interpreted Standard 213 as permitting this feature, in an October 20, 1993 letter to Mr. Richard Glover of the Evenflo Juvenile Furniture Company.

You also ask whether you may use "open box spaces" for the consumer's name and address, to encourage consumers to print the information clearer (one character per box space). The answer is yes. NHTSA interpreted Standard 213 as permitting "blocked squares" for the consumer's name and address in a June 14, 1993 notice (copy enclosed) denying Evenflo's petition for reconsideration of the rule that established the registration card requirement.

Finally, you ask whether you may enlarge the consumer name and address space of the card, to provide consumers more space to print the information and thus increase the likelihood the information will be legible. The answer, with reference to the sample card you provided, is yes. Under S5.8 of Standard 213, the registration form must conform in size, content and format to forms depicted in the standard (figures 9a and 9b). The figures specify a minimum size for the card. Moreover, in the enclosed June 1993 notice, NHTSA explained that "(f)ormat refers to the general appearance of the form and to aspects such as type size, size and placement of margins, size and placement of the spaces for the consumer's name and address, and overall organization of the printed material."

The sample card you provided meets the minimum size requirement specified in the standard, and the general appearance and overall organization of the card is the same as that depicted in the standard (figure 9a). While the consumer name and address space is slightly larger than depicted in the standard, we conclude that this slight deviation is consistent with the standard's format requirements. This conclusion is based on the fact that this slight change does not affect the general appearance or overall organization of the card, and because the change provides consumers more space to print the information, i.e., it will not detract from the utility of the card.

Please contact Ms. Deirdre Fujita of my staff at (202) 366-2992 if you have any questions.

ID: nht94-2.40

TYPE: Interpretation-NHTSA

DATE: April 14, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John Rhein -- Fisher-Price, Inc. (East Aurora, NY)

TITLE: None

ATTACHMT: Attached to letter dated 5/3/93 from John Rhein to John Womack (OCC 8639)

TEXT:

This responds to your letter about the consumer registration card required by Safety Standard No. 213, "Child Restraint Systems." I apologize for the delay in responding.

You ask about three features of a registration card you wish to produce, and enclosed a sample card setting forth a "proposed format." You first ask whether you may specify "Please Print" on the card. The answer is yes. NHTSA interpreted Standard 213 as permitting this feature, in an October 20, 1993 letter to Mr. Richard Glover of the Evenflo Juvenile Furniture Company.

You also ask whether you may use "open box spaces" for the consumer's name and address, to encourage consumers to print the information clearer (one character per box space). The answer is yes. NHTSA interpreted Standard 213 as permitting "blocked squa res" for the consumer's name and address in a June 14, 1993 notice (copy enclosed) denying Evenflo's petition for reconsideration of the rule that established the registration card requirement.

Finally, you ask whether you may enlarge the consumer name and address space of the card, to provide consumers more space to print the information and thus increase the likelihood the information will be legible. The answer, with reference to the sample card you provided, is yes. Under S5.8 of Standard 213, the registration form must conform in size, content and format to forms depicted in the standard (figures 9a and 9b). The figures specify a minimum size for the card. Moreover, in the enclosed Ju ne 1993 notice, NHTSA explained that "(f)ormat refers to the general appearance of the form and to aspects such as type size, size and placement of margins, size and placement of the spaces for the consumer's name and address, and overall organization of the printed material."

The sample card you provided meets the minimum size requirement specified in the standard, and the general appearance and overall organization of the card is the same as that depicted in the standard (figure 9a). While the consumer name and address spac e is slightly larger than depicted in the standard, we conclude that this slight deviation is consistent with the standard's format requirements. This conclusion is based on the fact that this slight change does not affect the general appearance or over all organization of the card, and because the change provides consumers more space to print the information, i.e., it will not detract from the utility of the card.

Please contact Ms. Deirdre Fujita of my staff at (202) 366-2992 if you have any questions.

ID: nht95-2.4

TYPE: INTERPRETATION-NHTSA

DATE: March 16, 1995

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

TO: Harry C. Gough -- P. E., State of Connecticut, Department of Motor Vehicles

TITLE: NONE

ATTACHMT: ATTACHED TO 3/28/94 LETTER FROM JOHN WOMACK TO THOMAS D. TURNER; ALSO ATTACHED TO 7/7/93 LETTER FROM JOHN WOMACK TO THOMAS D. TURNER; ALSO ATTACHED TO 11/18/94 LETTER FROM HARRY C. GOUGH TO NHTSA CHIEF COUNSEL

TEXT: Dear Mr. Gough:

This responds to your letter to this office asking whether the retroreflective tape required to outline school bus emergency exits can, in the case of the rear emergency door, be placed on the door itself. The short answer is no.

You stated that the State of Connecticut requires that school bus bumpers be black. You further stated that one school bus manufacturer supplied buses with the bottom piece of the retroreflective tape installed on the rear bumper. You then noticed that a number of school buses from a different manufacturer had the bottom part of the tape installed on the door itself. You asked whether the language of S5.5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window reten tion and release, permitted the installation of the retroreflective tape on the door itself.

Paragraph S5.5.3 of FMVSS No. 217 (49 CFR 571.217) provides:

Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white, or yellow in color, . . . .

This requirement was imposed by amendment to FMVSS No. 217 promulgated by a final rule published in the Federal Register on November 2, 1992 (57 FR 49413). In discussing this requirement in the preamble portion of the final rule, we said at 57 FR 49421:

Accordingly, the final rule requires a minimum 1 inch wide strip of retroreflective tape, either red, white, or yellow in color, to be placed around the outside perimeter of the emergency exit opening, not the emergency exit itself (emphasis added).

As you may know, the buses with the tape on the emergency exit doors have been recalled by the manufacturer. For information about the recall, you can contact the bus manufacturer, Thomas Built Buses, P. O. Box 2450, High Point, NC 27261.

Enclosed for your information are two interpretative letters issued by this office on related issues pertaining to the retroreflective tape requirement. See letter to Mr. Thomas D. Turner, Manager, Engineering Services, Blue Bird Body Company, dated July 7, 1993; and letter to Mr. Turner dated March 28, 1994.

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

Sincerely,

ID: nht95-4.58

TYPE: INTERPRETATION-NHTSA

DATE: October 16, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John C. Golden -- Product Manager, Lighting & Electrical, Federal Mogul Corporation

TITLE: NONE

ATTACHMT: ATTACHED TO 5/31/95 LETTER FROM JOHN C. GOLDEN TO JOHN WOMACK

TEXT: Dear Mr. Golden:

This responds to your request for an interpretation asking if, under NHTSA's requirements, your company may market a lighting device, called a "Lightman," for use on warning triangles. I apologize for the delay in responding. As explained below, the an swer to your question is yes. However, since the Federal Highway Administration (FHWA) regulates use of warning triangles carried in commercial vehicles, that agency's regulations could also affect your product.

You explain that the Lightman is a battery operated safety strobe device, which is in the shape of an equilateral triangle measuring 3 1/2 inches on each side. You would like to market the Lightman specifically for use on warning triangles, but are conce rned about the minimum area requirements of Safety Standard No. 125, Warning Devices. You ask, "Does the mounting of one of these devices . . . take away minimum reflective area such that it would render the warning triangles illegal or ineffective?"

As you note, Standard No. 125 specifies requirements for the configuration of warning devices. Warning devices that are subject to Standard No. 125 must be certified as meeting those configuration requirements. As we understand the Lightman, it will be sold to motorists separately from the Standard No. 125 warning devices. However, we understand that you will market the Lightman as appropriate for use with previously-certified warning devices.

There is a provision in our statute that regulates the modifications that motor vehicle manufacturers, dealers, distributors and repair businesses may make to certified vehicles and equipment. (See section 30122 of Title 49 U.S.C. 30101 et seq., copy en closed.) However, this provision does not regulate the modifications that individuals make to their vehicles or items of equipment, such as warning triangles. Thus, under NHTSA's statute, an individual would not be precluded from placing the light on hi s or her equilateral triangle.

As you note in your letter, the FHWA regulates use of warning devices with regard to commercial trucks, and should be contacted about your question. Responding to your request for a contact in FHWA, we suggest Mr. James Scapellato, Director, FHWA Office of Motor Carrier Research and Standards, at the following address and telephone number:

400 Seventh Street, S.W. Rm. 3107 Washington, DC 20590.

Telephone: (202) 366-1790

We will be happy to forward your letter to Mr. Scapellato, if you would like us to do so.

I hope this information is helpful. If you have any further questions about our regulations, please feel free to call Dorothy Nakama of my staff at (202) 366-2992.

ID: nht71-5.40

DATE: 10/05/71

FROM: AUTHOR UNAVAILABLE; D. Schmeltzer for L. R. Schneider; NHTSA

TO: Aston Martin Lagonda Limited

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 8, 1971, in which you request clarification of Motor Vehicle Safety Standard No. 202, "Head Restraints". You state that you are of the opinion that "a head restraint system that can be retracted into the seat and thus made ineffective by virtue of being adjustable is in conflict with the prime object of the standard in reducing the frequency and severity of neck injuries in rear end or other collisons."

Standard No. 202 does not prohibit head restraints from being adjustable in an up-and-down direction, as long as the top of the restraint, at its fully extended design adjustment position, is at least 27.5 inches above the seating reference point (S4(b)(1)). While some of these adjustable head restraints may not be completely effective in cases where they are placed at their lowest adjustment position and used by tall drivers, we have determined that this design, as long as it meets the requirements of the standard, is a minimum performance level that meets the need for motor vehicle safety. Consequently, use of these types of restraints does not conflict with the standard.

The standard establishes only a minimum performance level, however, and the NHTSA endorces efforts by manufacturers to exceed the

2 requirements is establishes. Many manufacturers have installed head restraints in their vehicles that meet the standard's requirements yet do not present the disadvantages you describe.

We are pleased to be of assistance.

ASTON MARTIN LAGONDA LIMITED

September 8 1971

Douglas W. Toms, National Highway Traffic Safety Administrator, National Highway Traffic Administration,

As designers and manufacturers of the Aston Martin DBS V8 car, currently being marketed in U.S.A., we are concerned at what appears to be a very loose interpretation of Motor Vehicle Safety Standard No. 202, Head Restraints - Passenger Cars, Section 5.4(b), adopted by certain American automobile manufacturers.

Aston Martin Lagonda have been concerned for many years with primary and secondary safety aspects of the car, and we hold the view that a head restraint system that can be retracted into the seat and thus made ineffective by virtue of being adjustable, is in conflict with the prime object of the Standard in reducing the frequency and severity of neck injuries in rear end or other collisions.

We would appreciate clarification on this point, for our concern is to maintain the highest standard of interior safety as exemplified by our current production car.

H. Beach Director of Engineering

c.c. Mr. R. Layland, President, A.M.L. Inc. Mr. J. B. Walker, Vehicle Safety Engineer, A.M.L. Limited.

ID: nht95-7.23

TYPE: INTERPRETATION-NHTSA

DATE: October 16, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John C. Golden -- Product Manager, Lighting & Electrical, Federal Mogul Corporation

TITLE: NONE

ATTACHMT: ATTACHED TO 5/31/95 LETTER FROM JOHN C. GOLDEN TO JOHN WOMACK

TEXT: Dear Mr. Golden:

This responds to your request for an interpretation asking if, under NHTSA's requirements, your company may market a lighting device, called a "Lightman," for use on warning triangles. I apologize for the delay in responding. As explained below, the answer to your question is yes. However, since the Federal Highway Administration (FHWA) regulates use of warning triangles carried in commercial vehicles, that agency's regulations could also affect your product.

You explain that the Lightman is a battery operated safety strobe device, which is in the shape of an equilateral triangle measuring 3 1/2 inches on each side. You would like to market the Lightman specifically for use on warning triangles, but are concerned about the minimum area requirements of Safety Standard No. 125, Warning Devices. You ask, "Does the mounting of one of these devices . . . take away minimum reflective area such that it would render the warning triangles illegal or ineffective?"

As you note, Standard No. 125 specifies requirements for the configuration of warning devices. Warning devices that are subject to Standard No. 125 must be certified as meeting those configuration requirements. As we understand the Lightman, it will be sold to motorists separately from the Standard No. 125 warning devices. However, we understand that you will market the Lightman as appropriate for use with previously-certified warning devices.

There is a provision in our statute that regulates the modifications that motor vehicle manufacturers, dealers, distributors and repair businesses may make to certified vehicles and equipment. (See section 30122 of Title 49 U.S.C. 30101 et seq., copy enclosed.) However, this provision does not regulate the modifications that individuals make to their vehicles or items of equipment, such as warning triangles. Thus, under NHTSA's statute, an individual would not be precluded from placing the light on his or her equilateral triangle.

As you note in your letter, the FHWA regulates use of warning devices with regard to commercial trucks, and should be contacted about your question. Responding to your request for a contact in FHWA, we suggest Mr. James Scapellato, Director, FHWA Office of Motor Carrier Research and Standards, at the following address and telephone number:

400 Seventh Street, S.W. Rm. 3107 Washington, DC 20590.

Telephone: (202) 366-1790

We will be happy to forward your letter to Mr. Scapellato, if you would like us to do so.

I hope this information is helpful. If you have any further questions about our regulations, please feel free to call Dorothy Nakama of my staff at (202) 366-2992.

ID: nht74-2.23

DATE: 09/24/74

FROM: AUTHOR UNAVAILABLE; James B Grefory; NHTSA

TO: Midland-Ross Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Midland-Ross' February 8, 1974, petition for an amendment of S5.1.2.1 and S5.2.1.2 of Standard No. 121, Air brake systems, to establish separate air reservoir volume requirements for several brake chamber types generally available in the air brake component market.

The standard presently requires air reservoir volumes to be a multiple of the vehicle's brake chamber volumes. Midland-Ross also requested that S5.1.2.2 and S5.2.1.3 be amended to require that a reservoir withstand hydrostatic pressure five times greater than stated on its label without rupture, or permanent circumferential deformation exceeding one percent. The standard presently requires that an air reservoir withstand internal hydrostatic pressure of five times the vehicle compressor cutout pressure or 500 pounds, whichever is greater. The pecition also requests modifications of the trailer test rig, which were made in a recent amendment of the standard (39 FR 17563, May 17, 1974).

You suggested that our requirement for air reservoir volume as a multiple of brake chamber volume will encourage installation of smaller equipment and thereby create a safety problem. We cannot agree, in view of the standard's stopping distance requirements which in effect mandate the installation of high performance components. Indications to date are that manufacturers have in fact not reduced brake chamber volumes. A certain degree of chamber stroke standardization may occur, which the NHTSA views as favorable. For these reasons your request is denied.

With regard to the air reservoir pressure requirements of S5.1.2.2 and S5.2.1.3, you argued that a reservoir manufacturer is unable to establish the required strength of his product because he cannot control the compressor cutout pressure of the vehicle on which the reservoir is installed. It should be understood that the standard is not an equipment standard with which Midland-Ross must comply, but a vehicle standard with which the vehicle manufacturer must comply. We have determined that the reservoir should be designed to manage the pressures to which it might be exposed on the vehicle on which it is installed. The vehicle manufacturer is able to establish a compressor cutout pressure (on powered vehicles, and, based on that value, order the appropriate reservoir to meet the requirement. It is evident that commercial considerations will standard compressor cutout pressures on reasonable range of available reservoir strengths. Midland-Ross as a manufacturer of reservoirs is free to establish a range of reservoir strenghts, and label the reservoirs as described in your petition. For the reasons cited, however, your petition to mandate this is denied.

We agree the requirement that a reservoir "withstand" a certain pressure can be further specified, and we are considering a proposal to do this in the future.

At this time the NHTSA has adopted the SAE Standard No. J10a, which specifies that there be no rupture or permanent circumferential deformation exceeding one percent.

Sincerely,

ATTACH.

PETITION FOR RECONSIDERATION

FEDERAL MOTOR VEHICLE SAFETY STANDARD 121 DOCKET 73-13 NOTICE #3

BY POWER CONTROLS DIVISION MIDLAND-ROSS CORPORATION

M. J. Denholm Director of Engineering

February 8, 1974

Midland-Ross regrets to find that several of the proposals issued under Notice 1 of Docket 73-13 have not been incorporated in the rule issued under Notice 3 of the Docket.

The purpose of this petition is to request reconsideration of outstanding petitions and comments not yet resolved or acted upon from previous notices. In addition, we wish to offer additional information to supplement our comments on Docket 70-16 and 17, Notice 3, and the petition for reconsideration of Docket 70-17, Notice 4.

Taking the sections as they appear in FMVSS 121 as amended by Docket 73-13, Notice 3, we ask for your consideration of the following:

S5.1.2.1

S5.2.1.2

On March 23, 1972, we petitioned for consideration of this section of Docket 70-16 and 70-17, Notice 3.

Quote: "The combined volume of all service brake chambers at maximum travel of the pistons or diaphragms" requires definition in that volume can be measured in more than one way resulting in significant variation in result. For example: Displacement determined by pressurizing a chamber hydrostatically to 5 psig would result in approximately 10% less volume as compared to that indicated when the same chamber is pressurized to 100 psig hydrostatically. The hydrostatic pressure would be applied using an incompressable fluid; the volume of fluid displaced being the measure of the chamber volume. We recommend the standard be revised to read as follows:

'S5.1.2.1 . . .the combined volume of all service brake chambers at maximum travel of the pistons or diaphragms when measured with 5 psig applied to the chamber.' This will eliminate the possibility of a dual standard when determining compliance."

On August 14, 1973, we petitioned again for reconsideration of this section of Docket 70-17, Notice 4; and again on July 11, 1973, against Docket 73-13, Notice 1.

Quote: "The requirement under both these sections is restrictive and not necessarily in the public interest. For example, Midland-Ross Type 30 service chambers provide 2.75 inch stroke where units of other manufacturers are as low as 2.5 inch. The long stroke provides a desirable margin for poor brake adjustment. We believe this advantage will render our product non-competitive. To become competitive a reduction in stroke, with the attendant reduction in reservoir capacity requirement will be necessary. We feel, in light of recent experience with designs to meet FMVSS, 121, Notice 4, that this is arbitrary and an unnecessarily expensive retrograde step, caused by the wording of this section. In addition, chamber displacement varies dependent upon the applied pressure.

"This is caused by ballooning of diaphragms as pressure is increased. It should be noted that a three or four axle rigid truck would require significantly larger reservoirs under this rule than would a two-axle tractor designed to tow two or three trailers. Taking into account these three factors, it is recommended that S5.1.2.1 and S5.2.1.2 be reworded as follows:

'S5.1.2.1 The combined volume of all service reservoirs and supply reservoirs shall be at least the value obtained by the following product: Buses, and tractors and trailers designed to tow air-braked vehicles:

(12) x (115%) x (Combined volume of all service brake chambers)

Trucks not designed to tow other air-braked vehicles: (8) x (115%) x (Combined volume of all service brake chambers)

The combined volume of all service brake chambers is that volume obtained at maximum travel of the pistons or diaphragms with 100 psi hydrostatic pressure applied to the chambers with the brakes adjusted as specified by the vehicle manufacturer for new, unburnished brakes.

'S5.2.1.2 The total service reservoir volume shall be at least the value obtained by the following product: (8) x (115%) x (Combined volume of all service brake chambers)

The combined volume of all service brake chambers is that volume obtained at maximum travel of the pistons or diaphragms with 100 psi hydrostatic pressure applied to the chambers with the brakes adjusted as specified by the vehicle manufacturer for new, unburnished brakes."

No action has resulted from any of these petitions. We feel both arguments are still valid. We would like to add additional argument to that furnished on August 14, 1973, as follows:

An optional method of determining reservoir volume would consist of using an established minimum working volume for each standard size of service chamber. The minimum working volume would then be used to compute the reservoir requirement in the manner stated in the standard. Using this approach, the need for the changes recommended on March 23, 1972, would be eliminated also. We therefore recommend the S5.1.2.1 be reworded as follows: S5.1.2.1 The combined volume of all service reservoirs and supply reservoirs shall be determined by adding the volumes specified in Table V, Column 1 for each air-operated service brake actuator.

S.5.2.1.2 shall read:

S5.2.1.2 Total service reservoir volume shall be determined by adding the volumes specified in Table V, Column 2 for each air operated service brake actuator.

TABLE V Reservoir Volume Required Per Actuator * Column 1 * Column 2 Actuator Trucks-Buses Trailers Type 9 Diaphragm 240 cubic inches 160 cubic inches Type 12 Diaphragm 300 cubic inches 200 cubic inches Type 16 Diaphragm 528 cubic inches 352 cubic inches Type 20 Diaphragm 612 cubic inches 408 cubic inches Type 24 Diaphragm 732 cubic inches 488 cubic inches Type 30 Diaphragm 1056 cubic inches 704 cubic inches Type 36 Diaphragm 1464 cubic inches 976 cubic inches

*Piston or Rolling 12 x volume at max. 8 x volume at max.

Diaphragm working stroke working stroke

The above revisions to S5.1.2.1 and S5.2.1.2 are requested due to the variation in design of diaphragm type service brake chambers. These chambers are of generally similar construction, but because of manufacturing tolerances and slight differences in stroke length, their maximum volumes are different by a few percentage points. The current reservoir volume requirement based on maximum displacement encourages the use of small volume chambers (to reduce required reservoir volumes). In use, however, these small volume chambers provide less reserve than larger displacement units. This is true because the larger displacement units generally have slightly longer operating strokes. This additional stroke is a safety advantage in event that brake drums expand from heat buildup or shoes are allowed to wear without brake readjustment.

The chamber volume differences caused by variations in maximum stroke length are not significant to a vehicle in normal operation. This is because either chamber design would require the same amount of air to operate a properly adjusted brake; either unit when stroked to the same distance (any value short of maximum stroke; would displace nearly the same volume of air. Chamber volume requirements per brake application would be the same for either chamber design unless the stroke exceeded the maximum stroke length of the short stroke chamber. In that case, (abnormal situation) the long stroke chamber would require more air than a short stroke unit but would produce brake torque to stop the vehicle. The short stroke unit would be stopped internally without producing brake torque.

If S5.1.2.1 and S5.2.1.2 are not revised, market pressure will force redesign of long stroke chambers to limit stroke (and maximum volume). This could be carried to an extreme whereby the redesigned chambers would have even shorter strokes than current chambers. This type unit would then have economic advantages that would encourage their use; but they would actually be inferior to current chambers from a safety point of view.

The chamber volumes proposed in Table V were arrived at by applying the current requirement of 12 times chamber volume at maximum stroke (eight times for trailers) to the maximum volume of the truck industry's most common air brake chamber. These values do not represent a change in the spirit of the law, only in its detail. The original method of determining reservoir volume would be retained for piston actuators or other devices whose stroke and displacement have not become standardized in the industry.

S5.1.2.2

S5.2.1.3

On March 23, 1972, we petitioned for reconsideration of both of these sections of Docket 70-16 and 70-17, Notice 3.

Quote: "The requirement that the reservoirs under both of these sections should 'withstand' an internal hydrostatic pressure is nondefinitive and open to interpretation. In addition, manufacturers of air brake reservoirs are not necessarily in a position to determine what the cutout pressure of the compressor will be for a particular reservoir application prior to design and development of the reservoir as required under Paragraph S5.1.2.2. In addition, there is a significant inconsistency between the requirements for reservoir strength on a truck or bus and those for reservoirs used on a trailer as both reservoirs on a combination vehicle would be pressurized by the same compressor to the same pressure levels. It would appear reasonable, in the interest of safety, to adopt a common standard. It would also appear to be advisable to use a standard which is both proven and perfectly acceptable based on long periods of experience. It is therefore recommended that Paragraphs S5.1.2.2 and S5.2.1.3 be revised as follows:

'Each reservoir shall be capable of accepting a hydrostatic pressure of not less than five times the reservoir rated working pressure for a minimum of one minute. When subjected to this pressure for this time period there shall be no rupture or permanent circumferential deformation exceeding 1%. The reservoirs meeting this requirement must be permanently identified for rated working pressure."

On August 14, 1973, we again petitioned for reconsideration of these sections of Docket 70-17, Notice 3. Comments were also made on Docket 73-13, Notice 1.

Quote: "The requirement that the reservoirs under both of these sections should withstand an internal hydrostatic pressure is nondefinitive and open to interpretation. In addition manufacturers of air brake reservoirs are not necessarily in a position to determine what the cutout pressure of the compressor will be for a particular reservoir application prior to design and development of the reservoir as required under Paragraph S5.1.2.2. In addition, there is a significant inconsistency between the requirements for reservoir strength on a truck or bus and those for reservoirs used on a trailer. Both reservoirs on a combination vehicle would be pressurized by the same compressor to essentially the same pressure levels. It would appear reasonable, in the interest of safety, to adopt a common standard. It would also appear to be advisable to use a standard which is both proven and perfectly acceptable based on long periods of experience. It is therefore recommended that Paragraphs S5.1.2.2 and S5.2.1.3 be revised as follows:

'Each reservoir shall be capable of accepting a hydrostatic pressure of not less than five times the reservoir rated working pressure for a minimum of one minute. When subjected to this pressure for this time period, there shall be no rupture or permanent circumferential deformation exceeding 1%. The reservoirs meeting this requirement must be permanently identified for rated working pressure.'

Note: This recommendation reflects the current SAE Standard Practice (SAE J10b) in regard to reservoir certification and therefore should provide clarification without creating unnecessary hardships."

An additional point which was not specifically made in the two petitions quoted from relates to manufacturing practice and product application.

As a major reservoir manufacturer, Midland-Ross produces all reservoirs for air-braked vehicles in one of three diameters. Each diameter is engineered from differing material thicknesses to withstand a predetermined working pressure. Usually this is 150 psi. When reservoirs are supplied to the industry we have no knowledge of the compressor cutout pressure. The compressor cutout pressure is usually adjustable in service. A situation over which the reservoir manufacturer has no control. By establishing a maximum rated working pressure for the reservoir to be marked on the unit, the user then has direct knowledge of the limit to which the compressor cutout pressure can be safely adjusted. We feel that adopting this method would result in better understanding on the part of the user as this has been the standard used historically. It would eliminate the need to re-educate operators and provide a sounder basis for economic reliable manufacture and application of air brake reservoirs.

S5.3.3

S5.3.4

On March 23, 1972 we pointed out in our petition for reconsideration the inadequacies of the test standard shown in Docket 70-16 and 70-16, Notice 3, Figure 1. Partial response to this petition was exhibited in Docket 73-13, Notice 1, S6.1.12.

Docket 73-13, Notice 3, essentially returns to 70-17, Notice 3 level, thus effectively ignoring our original petition and also our comments on Docket 73-13, Notice 1, submitted to the Administration on July 11, 1973.

We ask for consideration of our updated proposal as follows:

S5.3.3 Brake actuation time. With an initial service reservoir system air pressure of 100 psi, the air pressure in each brake chamber shall reach 60 psi in not more than 0.25 second measured from the first movement of the service brake control. A vehicle designed to tow a vehicle equipped with air brakes shall be capable of meeting the above actuation time requirement with a 50-cubic-inch test reservoir connected to the control line coupler. A trailer shall meet the above requirement with its brake system connected to a trailer timing test rig as shown in Fig. 1 which meets the requirements of S5.3.3.1 and S5.3.3.2.

S5.3.3.1 The following should be added:

"The trailer test rig shown in Fig. 1 shall be constructed such that the pressure in a 50 cubic inch test volume connected to the control coupling is raised from zero to 60 psi in .063 second minimum when tested on the test rig. Time shall be measured from the first mechanical movement of the device controlling air flow to the control coupling."

S5.3.3.2 The following should be added:

"The trailer test rig shown in Figure 1 shall be constructed such that the pressure in a 50 cubic inch test volume connected to the control coupling is exhausted from 95 to 5 psi in .220 second minimum when tested on the test rig. Time shall be measured from the first mechanical movement of the device controlling air flow from the control coupling.

Figure 1 should be revised as shown:

(Graphics omitted)

S5.3.4 Brake release time. With an initial brake chamber air pressure of 95 psi, the air pressure in each brake chamber shall fall to 5 psi in not more than 0.50 second measured from the first movement of the service brake control. A vehicle designed to tow another vehicle equipped with air brakes shall be capable of meeting the above release time requirement with a 50-cubic inch test reservoir connected to the control line coupling. A trailer shall meet the above release time requirement with its brake system connected to the test rig shown in Fig. 1 and which meets the requirements of S5.3.3.1 and S5.3.3.2.

The above changes to Section S5.3.3 and Figure 1, and additions to S5.3.3.1 and S5.3.3.2 are recommended in an effort to more completely define the TRAILER TEST RIG. Until this rig is defined, uniform timing will not exist on trailers built to FMVSS 121. The original Figure 1 was designed to duplicate a tractor. It did this but as a test instrument it is inadequately defined. The air delivery performance of this device (as well as the tractors it was modeled from) will vary significantly. This is unacceptable when proof of vehicle compliance to the standard depends upon tests made with this unit. The proposed Figure 1 is a black box with narrowly defined performance characteristics. Devices built to this requirement will undoubtedly exhibit performance variations when tested against one another, but their level of consistency will far exceed that obtained by a unit in the standard which is only partly defined.

ID: nht87-1.40

TYPE: INTERPRETATION-NHTSA

DATE: 02/26/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Darryl M. Burman

TITLE: FMVSS INTERPRETATION

TEXT:

Darryl M. Burman, Esq. Messrs. Dotson, Babcock & Scofield 1200 InterFirst Plaza Houston, Texas 77002-5219

Re: Whether market and sale of headlamp covers are regulated by Federal law

Dear Mr. Burman:

This is in reply to your letter of January 9, 1987, asking for an interpretation of 49 CFR 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Your client wishes to import, market, distribute and sell a "cle ar, plastic headlamp cover...for all makes of cars manufactured in or imported to the United States." The stated safety purpose of the headlamp cover is "to protect the glass headlamps on automobiles from breaking."

Three methods of distribution are contemplated: direct sale by your client, sale through auto parts distribution centers, and sale as optional but uninstalled equipment at the time of the vehicle's original sale (the cover in its wrapping would be in the vehicle trunk). You state that the headlamp cover is not intended to be installed by your client, or its distributors and dealers, but will be accompanied by instructions so that the vehicle owner may install it. Warnings will be provided "about minimum Federal photometric requirements". You wish to know whether the headlamp cover is subject to Standard No. 108 or any other Federal regulation and, if so, the effect and impact of such regulation.

A plastic headlamp cover is "motor vehicle equipment", defined in pertinent part by Section 102(1) of the National Traffic and Motor Vehicle Safety Act (15 USC 1391(4)) as "any...accessory, or addition to the motor vehicle...." Its importer is a "manufac turer", defined in pertinent part by Section 102(5) of the Act as "any person importing...motor vehicle equipment for resale". As a manufacturer of motor vehicle equipment your client has the responsibility imposed by Sections 151 et seq of the Act to no tify and remedy in the event that either it or this agency determines that a safety related defect exists in the product, or that it fails to comply with all applicable Federal motor vehicle safety standards. You have already noted that headlamp covers a re not "a regulated safety device" under Standard No. 108. A "defect" under Section 102(11) includes "any defect in performance, construction, components, or materials". Under the best of circumstances a plastic cover when new will reduce light output of a headlamp beneath its designer's intent, whether or not the output falls below the floor established by Standard No. 108 as a minimum for headlamp performance. In service, a plastic headlamp cover may contain condensation under certain climatic conditi ons, or grow increasingly opaque through exposure to ultraviolet rays or other atmospheric components, either of which would further affect the design performance of the headlamp. A conclusion could be reached that such a cover contained a safety related defect and that its importer should notify all purchasers and remedy according to the Act.

Safety problems associated with headlamp covers led to their prohibition when the headlamp is in use, initially under SAE J580 for sealed beam headlamps and later by its incorporation into Standard No. 108, for both sealed beam and replaceable bulb headl amps. The specific prohibition of J580 is why passenger cars are not manufactured with original equipment headlamp covers. Under Section 108(a)(l)(A) of the Act, if a dealer sells a noncomplying motor vehicle, he is in violation of the Act, and may be su bject to civil penalties for it. These penalties, under Section 109, range up to $1000 for a single violation, with a cumulative total of $800,000 for a related series of violations. If a dealer at time of sale provides the means through which a new car meeting all Federal safety standards may be rendered noncompliant immediately after its delivery, we would regard that as tantamount to his having sold a noncomplying motor vehicle in violation of the Act.

Although there is no Federal prohibition against a vehicle owner installing and using headlamp covers, there may nonetheless be local laws covering the sale and use of this equipment. We offer no views of your client's potential exposure under common law , in such situations as use of a deteriorated cover, or when used with a substandard replacement headlamp, except to note that photometric "warnings" may serve no defensive purpose. Photometric values at the individual test points are judged under labora tory conditions. Service facilities do not contain equipment by which on-vehicle compliance of the headlamp can be judged, and the eye is a subjective and unreliable source to discriminate between complying and noncomplying levels of light output.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

January 9, 1987

National Highway Traffic Safety Administration Erika Z. Jones, Chief Counsel 400 7th Street, S.W. Washington. DC 20590

Re: Letter ruling to determine if market and sale of headlamp covers are regulated by federal law

Dear Ms. Jones:

REQUEST FOR RULING

Our client is in the process of forming a Texas corporation (the "Company") to engage in those activities described below, and, on its behalf, we are requesting an interpretation of Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Ass ociated Equipment ("Standard 108") and other related or applicable rules or regulations of the Department of Transportation. The reason for this request is the lack of specific guidance in determining (i) if the product our client will import, market and sell will be subject to such regulation, or any other federal regulation, and, (ii) if so, the effect and impact of such regulation. The product, which the Company intends to market, sell and distribute and for which the Company seeks approval by the Na tional Highway Traffic Safety Administration ("NHTSA"), is a clear, plastic headlamp cover (the "Headlamp Cover") for all makes of cars manufactured in or imported to the United States.

STATEMENT OF FACTS

The Company proposes to engage in the importation and marketing of the Headlamp Cover, either through direct sales to ultimate consumers or through sales to automobile dealers, distributors and automotive parts distributors. The Headlamp Cover is designe d to protect the glass headlamps on automobiles from breaking. The Company, distributors, automotive dealers and others will not physically install the Headlamp Cover on automobiles. However, the Company does intend to provide warnings and instructions i n the packaging so that the owner of the vehicle may purchase the proper Headlamp Cover and safely install it.

The Company, proposes to distribute the Headlamp Cover in one or more of the following manners:

1. Over-the-counter. The Company wishes to market and distribute its Headlamp Cover to auto parts distributor centers for sale to the consumer. These distribution centers will be instructed not to participate in the installation of the Headlamp Cover.

2. Option offered by Dealer. The Company will sell and distribute the Headlamp Cover to automotive distributors and dealers who will offer them as accessories to purchasers of new automobiles. The automotive distributors or dealers will place the Headlam p Cover, in its original packaging, in the trunk of the automobile and will not install it for the consumer. Automotive distributors of imported automobiles will place the Headlamp Cover in trunks of automobiles at the port of arrival and list the Headla mp Cover on the price sticker as well as the invoice to the dealer.

3. Direct to consumer. The Company also desires to sell its Headlamp Cover directly to consumers, again, with no installation services offered.

CHRYSLER RULING

The Company is aware of a fairly recent denial of petition for rulemaking by the NHTSA regarding an attempt by Chrysler Corporation ("Chrysler") for an amendment to Standard 108 to allow Chrysler to offer removable transparent Headlamp Covers as original equipment on motor vehicles manufactured by Chrysler. It is our client's understanding that such petition was denied primarily because Chrysler's Headlamp Covers caused a reduction in light output between 7.2% and 15.5% and it was conceivable that certa in replacement headlamps purchased by consumers would produce an unacceptable light output when used in conjunction with the Chrysler Headlamp Cover.

The Company believes its proposed activities should be differentiated from those of Chrysler and should not be subject to federal regulation. The differences between the Company's proposal and Chrysler's proposal are: (i) the Company intends to market an d sell, but not manufacture and install, the Headlamp Cover, (ii) the Headlamp Cover is not a regulated safety device as defined in Standard No. 108, (iii) the Headlamp Cover will not be original equipment installed on an automobile at the time of purcha se and will not be installed by the Company. the distributor or the dealer, as prohibited by SAE J580 Sealed Beam Headlamp Assembly and (iv) the Headlamp Cover will not be marketed as a dealer installed option.

Additionally, the Chrysler ruling dealt specifically with the sealed beam headlamp assembly while the Company proposes to initially sell Headlamp Covers for the bulb and reflector type headlamp assembly found on many makes of cars sold in the United Stat es today.

However, similar to Chrysler, the Headlamp Cover, when used with original headlamps furnished by the manufacturers of the automobiles, will satisfy minimum federal photometric requirements.

CONCLUSION

The Company believes its activities should not be compared to those of Chrysler. It is aware that there may exist circumstances or possibilities where the Headlamp Cover may be misused, but intends to make information available to all parties who sell th e Headlamp Cover directly to consumers regarding photometric warnings. The product will also be packaged so that warnings are found on the exterior of the package to warn consumers about minimum federal photometric requirements. The interior of the packa ge will contain complete and accurate instructions for consumer installation of the Headlamp Cover.

The Company questions whether the Headlamp Cover or the contemplated activities of the Company, the distributors and dealers who will sell the Headlamp Cover, fall within federal regulated guidelines. Therefore,the Company hereby requests a ruling differ entiating its sale of the Headlamp Cover from Chrysler and permitting the Company. and the distributors and dealers to whom it sells the Headlamp Cover, to market and sell this product in accordance with the procedures discussed above.

We appreciate your attention to this matter and would be grateful for your prompt response.

If we can provide you with additional information, please do not hesitate to contact us.

Very truly yours,

Darryl M. Burman

ID: nht80-3.44

DATE: 08/29/80

FROM: FRANK BERNDT -- CHIEF COUNSEL, NHTSA; SIGNATURE BY STEPHEN P. WOOD

TO: Aston Martin Lagonda (1975) Limited

TITLE: FMVSS INTERPRETATION

TEXT: I have in hand your letter of July 31, 1980, and regret to inform you that the vehicle identification number (VIN) scheme which you propose is apparently not in compliance with U.S. Federal Motor Vehicle Safety Standard No. 115.

S4.5.2 and Table 1 of Standard No. 115 provide that the following information shall be decipherable from the five characters comprising the second section of the VIN for passenger cars: Line, Series, Body Type, Engine Type, Restraint System Type. A review of your Engineering Instructions and the accompanying drawings do not provide information concerning either the engine type or the restraint system type. Likewise, it is not clear whether your model designation is more appropriately characterized as line and/or series.

If the information omitted remains constant throughout a particular model, it will only be necessary for you to so state when deciphering your model code. For example, the following would be permissible:

Position 5 and 6: "V8" means V8 Volante model LHD, seat belt manual restraint system, V-8 engine with a displacement of 5.3 liters/326 cubic inches, a compression ratio of 8.3 and a net brake horsepower of .

We would also call to your attention that gross vehicle weight class is not required to be encoded in the VIN, although you are free to do so if you so choose.

Amongst the material furnished to the agency were drawings indicating the location of your confidential chassis identification number. As these are not required to be forwarded to the agency, I have taken the liberty of destroying them.

SINCERELY,

ENCLS.

ASTON MARTIN LAGONDA (1975) LIMITED

Frederic Schwartz Officer of the Chief Counsel, N.T.S.A.,

JULY 31, 1980

Dear Mr. Schwartz,

Vehicle Identification Numbering (17 characters)

Please find enclosed details upon which the Aston Martin Lagonda (1975) Ltd.

company has based its vehicle identification number (VIN) system, to be introduced with our 1981 model year cars.

The following documents have been enclosed to help clarify and explain the construction of the VIN system in detail:

(a) Construction drawings B97-16204/5/6 apply to Aston Martin V8 Saloon, Volante and Vantage (LHD) models respectively, B97-16224 applies to the Lagonda (LHD) (not currently certified in USA).

(b) Engineering Instruction number 205 gives a detailed explanation of the VIN construction. Engineering Instructions are sent to various departments within the Aston Martin organization and act as a reference and guide upon which work is carried out.

(c) Drawings A97-16226 and A97-16544 show the VIN plate designs and locations on the vehicle. The VIN is also stamped on the chassis member in characters with a minimum height of 7 mm (0.28 inches), Figures 1 and 2 in Engineering Instruction 205 show the location.

We have not sent details of our VIN system to anyone else, therefore we would appreciate your forwarding this letter and its contents to the relevant U.S. department, or advising accordingly.

KINDEST REGARDS,

R. Goldsmith Certification Engineer Safety and Emissions Department

ENGINEERING INSTRUCTION no. 205

Vehicle Identification Number (VIN) Systems

1. INTRODUCTION

AML will soon be operating two distinct Vehicle Identification Number (VIN) systems, one system applying to cars sold to U.S.A. and Canada and the other system applying to cars sold elsewhere in the world.

2. U.S.A. AND CANADA VIN SYSTEM (NHTSA)

1981 and subsequent model year cars sold to U.S.A. and Canada are required to have a 17 (seventeen) character vehicle identification number assigned. This means a series of arabic numbers and roman letters assigned to each motor vehicle for identification purposes and shall be sans sarif type face with a minimum height of 4 mm.

The VIN shall appear clearly and indelibly (i.e. stamped) on:

(a) the vehicle certification label (i.e. the brass plate, part number A97-13074, fixed to left hand 'B' post), and

(b) the VIN label part number A97-16226 and fixed in the same manner and position as the superceded label, part number 071-50-0160, on the dashboard.

2.1 VIN Content and Structure The VIN content and structure is as follows:

STRUCTURE

RACTER POSITION

1)

2) Assigned by BSI

3)

4) Gross vehicle weight class. 'C' = 4001 to 5000 lbf 'D' = 5001 to 6000 lbf

5)

6) Model

7 Not used

8 Model variant

9 Check digit (see R.G.'s memo for detailed explanation)

10 Model Year. 'A' = 1980

11 Plant of manufacture. 'T' = Tickfords

12 Driving position. 'T' = (Illegible Words) A = 1 J = 1 T = 3 B = 2 K = 2 U = 4 C = 3 L = 3 V = 5 D = 4 M = 4 W = 6 E = 5 N = 5 X = 7 F = 6 P = 7 Y = 8 G = 7 R = 9 Z = 9 H = 8 S = 2

VIN: S C F C V 8 0 S A Assigned value: 2 3 6 3 5 8 0 2 0 1 Weight factor: 8 7 6 5 4 3 2 10 0 9 Product: 16 21 36 15 20 24 0 20 0 9

2.1.1 World Manufacturers Identifier (WMI) Section

The WMI section is located in character positions 1 to 3 inclusive and is assigned by B.S.I. The code for all our models is SCF.

2.1.2 Vehicle Description Section (VDS)

The VDS is located in character positions 4 to 8 and is assigned by the manufacturer within the constraints laid down in the USA Federal Register, volume 44, number 57.

2.1.3 Vehicle Indicator Section (VIS)

The VIS is located in character positions 10 to 17 inclusive and is also assigned by the manufacturer within the constraints in the Federal Register.

2.1.4 The Check Digit

The check digit shall be determined and included in the VIN for each car sold to North America and Canada. It is determined by carrying out a mathematical computation that utilises each of the VIN characters according to the following formula:

(a) Each alphabetic character is assigned a numeric value according to the following table:

(b) The assigned value for each character is then multiplied by a weight factor that is dependent on VIN character position, see worked example below.

(c) The products are then added together and the sum divided by 11.

(d) The check digit is the remainder of the division, when this is 10 the check digit is X; when zero the check digit remains zero.

Worked example

VS Saloon (LHD) with assumed chassis number 12456 VIN: T L 1 2 4 5 6 Assigned value: 3 3 1 2 4 5 6 Weight factor: 8 7 6 5 4 3 2 Product: 24 21 6 10 16 15 12

Sum of products = 265, divide by 11 = 24 1/11

*Thus the check digit = 1 (to be inserted in ninth character of VIN)

2.1.4.1 Check Digit - Simplification

Because many of the VIN characters are common to each model the check digit

The scheme works thus:

(a) The Intermediate Check Digit remains constant for each model variant.

(b) Having allocated the sequential chassis number, multiply each digit by its weight factor and add these products to find the sum.

(c) Referring to Table 1(a), line-up the appropriate Sum and read across to the next column for the Sequential Number Check Digit (SCD).

(d) Next, refer to Table 1(b), and in the first column line-up the Sequential Number Check Digit, then line-up the Intermediate Check Digit; the point where the column and rows intercept is the corresponding VIN Check Digit.

(e) A worked example of the simplified Check Digit determination is shown below.

V8 SALOON APPROX. LHD

VIN Prefix Sequential Chassis No.

SCFCV80S ATL12678

4 3 2

Sum = 61 = 24+21+16

Sequential No. Check Digit = 6 [From Table 1(a)]

Intermediate Check Digit = 2

VIN Check Digit = 8 (Illegible Words)

(f) A summary of the Intermediate Check Digits for our model range is listed below: Model Driving Intermediate Instruction Drawing position Check Digit Number V8 Saloon Left HD 2 B97-16204 " Right HD 0 B97-16211 V8 Volante Left HD 5 B97-16205 " Right HD 3 B97-16212 V8 Vantage Left HD - B97-16206 " Right HD 8 B97-16213 Lagonda Left HD 4 B97-16224 " Right HD 2 B97-16225

* APPLICABLE (Illegible Words) VIZ (Illegible Words)

3. VIN SYSTEM - BEST OF THE WORLD (i.e. not applicable to USA or Canada)

The vehicle identification number (VIN) section on the brass plate, part numbers A97-15564/5 applicable to the Lagonda and V8 models respectively, will be completed by AML using the current sequential chassis numbering system. The plates will be embossed using stamps with a character of 4 mm minimum height. There will be no gaps or marks between the characters. The number will be finished with a dash, again without a gap, similar to the start of the number as shown in drawing A97-15564/5.

The chassis numbering (VIN) system is as follows:

(a) Lagonda : -LOOR13XXX-

(b) V8 Saloon : -V8SOR12XXX-

(c) V8 Volante : -V8COR15XXX- and (d) V8 Vantage : -V8VOR12XXX-

3.1 Lagonda VIN Structure Lagonda VIN Structure CHARACTER POSITION 1 -L Model 2 0 Not yet designated 3 0 Not yet designated, but J to be used for cars sold to Japan 4 R R = Right hand drive; L = Left hand drive 5 1) Chassis number model variant prefix 6 3) 7 X) 8 X) Sequential chassis number 9 X-

3.2 V8 VIN Structure V8 VIN STRUCTURE CHARACTER POSITION 1 -V) Model 2 8) 3 S,C or V Variant, i.e. S = Saloon; C = Convertible & V = Vantage 4 0 Not yet designated, but 'J' to be used for care sold to Japan 5 R or L R = Right hand drive; L = Left hand drive 6 I) Chassis number model variant prefix 7 2 or 5) 8 X) 9 X) Sequential chassis number 10 X-

3.3 Location of VIN Chassis Stamping

Bearing in mind the points outlined in 3. above, the VIN will also be stamped in the RHS of the chassis in the locations indicated in Figures 1 and 2 applicable to the Lagonda and V8 models respectively. The character heights shall be a minimum 7 mm high, and the number shall be legible when the car is completed and ready for sale, i.e. not covered by underseal.

APPROVED BY: S. COUGHLIN

PREPARED BY: A. GOLDSMITH

SAFETY & EMISSIONS: J. D. ORCHARD

Table 1

(a) Sequential No. Check Digit (SCD) Sum SCD Sum SCD Sum SCD 1 1 36 3 71 5 2 2 37 4 72 5 3 3 38 5 73 7 4 4 39 6 74 8 5 5 40 7 75 9 6 6 41 8 76 10 7 7 42 9 77 0 8 8 43 10 78 1 9 9 44 0 79 2 10 10 45 1 80 3 11 0 46 2 81 4 12 1 47 3 13 2 48 4 14 3 49 5 15 4 50 6 16 5 51 7 17 6 52 8 18 7 53 9 19 8 54 10 20 9 55 0 21 10 56 1 22 0 57 2 23 1 58 3 24 2 59 4 25 3 60 5 26 4 61 6 27 5 62 7 28 6 63 8 29 7 64 9 30 8 65 10 31 9 66 0 32 10 67 1 33 0 68 2 34 1 69 3 35 2 70 4

(b) VIN Check Digit

Intermediate Check Digit (Illegible Table)

ID: aiam3284

Dear Mr. Kneip: This is in response to your letter of May 7, 1980, in which you aske whether the proposed Nebraska certificate of title may be used as a substitute for the Federal odometer disclosure form required by 49 CFR Part 580.; The Nebraska title differs from the minimum Federal requirements i that there is no certification that the odometer reading reflects the actual mileage or the mileage over 99,999 miles, or is not the actual mileage. The buyer is not required to sign the Nebraska title as he is the Federal form (sic). In addition, your title does not refer to the legal consequences of a false disclosure. If you can make these additions, the Nebraska title will satisfy the Federal requirements.; For your information, I have enclosed a copy of the *Federal Register notice which discusses the short form odometer disclosure that States may use on their titles to satisfy Federal requirements, a letter to Maryland in which we indicate that formal approval by NHTSA is not necessary if the title contains the specified information, and sample titles that the NHTSA has approved.; If you need any further inforamtion, please do not hesitate to contac us.; Sincerely, John Womack, Assistant Chief Counsel