ID: nht74-4.32

DATE: 07/03/74

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: Alfred Teves GMBH

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 10, 1974, request for permission to stamp label information on hose assemblies in place of banding, and to reduce S9.2.5 burst pressure from 350 to 100 psi, and your further request for an interpretation of the status of an in-line check valve as part of a vacuum brake hose.

The in-line check valve is not subject to Standard No. 106, Brake hoses, as a brake hose and fitting. In this configuration, the couplers depicted in your drawing are the clamps, and the check valve is a separate component to which the hose assemblies are attached.

The issue of stamping instead of banding will be answered in our upcoming Notice 11 in response to petitions for reconsideration of the brake hose standard.

Your petition for a reduction in the burst strength requirement for vacuum hoses is denied. The minimum burst pressure of 350 psi was established by the Society of Automotive Engineers in 1942, taking into consideration the effects of backfire pressure and the severe underhood environment to which vacuum hose may be exposed. Hoses with this burst pressure have provided excellent reliability and durability. We have no data to justify a reduction in burst strength in view of the two hazards just cited.

MAY 10, 1974

National Highway Traffic Safety Administration US Department of Transportation

Subject: Motor Vehicle Safety Standard No. 106

(Docket no. 1-5, Notice 10

According to Notice 10 the designation of fittings was dropped due to objections raised by various manufactures because of insufficient clearness. For years we successfully used to emboss the date of manufacture on to the fittings (after the swaging process). We therefore ask you to extend item S 5.2.4 to the effect that in case of two-piece end fittings, which are attached by crimping or swaging, embossing of the designation on to the fittings will also be allowed instead of using a band.

The present standard according to which only a band will be allowed would be connected with a high degree of capital expenditure (reconstruction of entire assembly machinery) for the manufacturing department of Alfred Teves GmbH.

As far as vacuum brake hoses (see item S 9.2.5) are concerned, we think that a 350 psi burst strength is too high. The maximum operating pressure amounts to a vacuum of 0,80 bar, so that the required 350 psi would mean a 27-fold safety.

For this field of application a burst strength of 100 psi is sufficient. We therefore ask you to amend item S 9.2.5 to the effect that in the case of vacuum brake tubes the burst strength will be reduced to 100 psi.

Our production programm also comprises a vacuum check valve, which 1st mounted between two vacuum brake tubes, according to the attached sketch. We kindly ask you to inform us whether in the case of vacuum check valves the same requirements as are applicable for complete brake tubes regarding a burst strength of 350 psi (item S 9.2.5) and a minimum cross-section of 70% (item S 9.2.1) will be made.

Considering the near effective date of FMVSS, we would like to receive your answer concerning the three items mentioned above as soon as possible.

Yours sincerely

ALFRED TEVES GMBH

ppa.

i.V.

BELLER

Attachment

1 sketch

Ruckschiagventil

Schlauchhalter

Vakuumschiauch

(Graphics omitted)

ID: nht95-1.63

TYPE: INTERPRETATION-NHTSA

DATE: February 13, 1995

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

TO: G. Brandt Taylor -- President, Day-Night Mirrors, Inc.

TITLE: None

ATTACHMT: ATTACHED TO 12/6/94 LETTER FROM G. BRANDT TAYLOR TO PHILIP R. RECHT (OCC 10553)

TEXT: This responds to your letter asking about the requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanica lly rotating a shaft or by actuating an electrical motor.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any veh icles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that

All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such refl ectance automatically in the event of electrical failure.

You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether "west coast" mirrors and mirrors on trailer trucks could have a removable man ual override.

The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991)

The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirro r. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operat ion would only be achieved by requiring this device to be permanent, a removable override would not be permitted.

I hope this information is helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

ID: nht92-3.30

DATE: October 2, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Dan Trexler -- Thomas Built Buses

TITLE: None

ATTACHMT: Attached to letter dated 9/14/92 from Paul Jackson Rice to Lyle Walheim (Std. 131) and letter dated 8/10/92 from Dan Trexler to Paul Jackson Rice (OCC-7641)

TEXT:

This responds to your letter requesting an interpretation of the requirements set forth in Federal Motor Vehicle Safety Standard No. 131, School Bus Pedestrian Safety Devices. I am pleased to have this opportunity to respond to your questions about requirements addressing the activation of a stop signal arm and the permissibility of a manual override device. In addition, I am enclosing a September 14, 1992 interpretation letter from this agency to the Wisconsin Department of Transportation, which explains these requirements.

As your letter indicates, there are two different types of lamp systems on school buses: a four lamp system with four red lamps and an eight lamp system with four amber and four red lamps. You asked several questions about the stop arm's activation and the manual override device.

You first ask whether the stop arm is required to extend every time the signal lamps in a four lamp system are activated. (emphasis in original). As a general rule, S5.5 of Standard No. 131 requires that the stop arm be automatically extended at a minimum whenever the red signal lamps are activated. Nevertheless, Standard No. 131 includes an exception to this general rule which permits the installation of an override device. If the override device were activated, then the stop arm would not extend.

Your second question addresses the operation of the stop arm on buses with an eight lamp system. Specifically, you ask whether the stop arm is required to extend only after the red signal lamps have been activated by opening of the bus entrance door or is the stop arm required to extend at any time the red signal lamps are activated. (emphasis in original).

As stated above, Standard No. 131 includes provisions addressing the activation of the stop signal arm. Standard No. 131 requires the stop arm to be automatically extended whenever the red signal lamps are activated, whether those lamps are activated by opening the bus door or for some other reason. Of course, the stop arm may be extended for a longer period of time than when the red signal lamps are activated, given that Standard No. 131 includes the phrase "at a minimum" in explaining when the stop arm must be extended. In the final rule establishing Standard No. 131, the agency addressed methods of stop arm activation used by Washington State, Illinois, and Florida in which the stop arm was activated to control traffic before the door was opened. (56 FR 20363, 20368, May 3, 1991).

Your third question asked whether a device may be used that is capable of remaining in the "override" position with only a one time activation by the driver. The override would have an audible signal that would automatically

sound for at least 60 seconds and would automatically recycle each time the service door was opened, with the engine running. As mentioned above, Standard No. 131 permits a device that prevents the automatic extension of the stop signal arm. In our September 14, 1992 letter to Mr. Lyle Walheim from the State of Wisconsin, we explain a situation in which an override would be permissible. Based on S5.5 of Standard No. 131 and the September 14, 1992 interpretation to Mr. Walheim, it would appear that the override device you describe also would be permissible.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: nht88-2.34

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/88

FROM: TEVES, ALFRED -- TEVES TECHNICAL SERVICE

TO: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TITLE: BRAKE FLUID RESERVOIR DESIGN ACCORDING TO FMVSS 105 REQUEST FOR INTERPRETATION

ATTACHMT: OCTOBER 9, 1981 LETTER FROM BERNDT TO KAWANO, OCTOBER 3, 1988 LETTER FROM JONES TO BURKARD, EBNER, AND TEVES, FEBRUARY 3, 1981 LETTER FROM KAWANO TO BERNDT, JULY 10, 1974 LETTER FROM DYSON TO NAKAJIMA, AND MAY 24, 1988 LETTER FROM TEVES TO GREG ORY

TEXT: during his visit at NHTSA on May 17th, 1988 Mr. Ebner presented our new brake system to your experts.

We request an interpretation of S 5.4.2 (reservoir capacity) and S 5.3.1/b (Fluid level indicator) of FMVSS 105, with respect to the proposed brake fluid reservoir shown in the attachment.

Essential is the existence of an ancillary brake unit in this new brake system. This ancillary brake unit serves the brake circuits 1 and 2 directly.

Compared with a conventional reservoir the proposed brake fluid reservoir's distinctive feature is the exit for the ancillary unit.

This ancillary unit serves the brake circuits 1 and 2. When the brake pedal is released, the used brake fluid will flow back to the reservoir. This unit does not cause any additional fluid volume.

Teves interprets standard 105 S 5.4.2 and S 5.3.1/b) as follows:

1. The total minimum capacity of a reservoir shall be equivalent to the fluid displacement resulting when all the wheel cylinder or caliper pistons serviced by the reservoir move from a new lining, fully retracted position to a fully worn, fully applied position.

2. Reservoir systems utilizing a portion of the reservoir for a common supply to two or more subsystems, individual partial compartments shall each have a minimum volume of fluid equal to at least the volume displaced by the master cylinder piston servi cing the subsystem, during a full stroke of the piston.

3. The total amount of the fluid shall be solely available for the brakes.

4. The ancillary unit shall not use brake fluid for other purposes than for the brake circuits.

5. A drop in the level of brake fluid in any master cylinder reservoir compartment to less then the recommended safe level specified by the manufacturer ot to one-fourth of the fluid capacity of that reservoir compartment, which ever is greater.

The ancillary unit does not diminish the built in safety features of the reservoir. In case of a circuit failure, volume 1 resp. volume 2 remains still available for the brakes and the fluid level indicator lamp gives a warning to the driver.

In case of a fluid leakage in the ancillary unit, the unit is switched off. The fluid level indicator lamp and additional a separate warning lamp gives a warning to the driver. The fluid volumes 1 and 2 remain in the reservoir and are fully usable fo r applying the brakes with the master cylinder.

Accordingly, we believe that the proposed brake fluid reservoir described in this letter and presented to your experts fulfils the requirements S 5.4.2 and S 5.3.1 (b) of FMVSS 105.

We ask that you confirm our interpretation at your earliest convenience.

FMVSS 105, S 5.4.2: V = V[1] + V[2] + V[3] + V[4] V: GREATER OR EQUIVALENT TO FLUID DISPLACEMENT RESULTING WHEN ALL W/C MOVE FROM A NEW LINING POSITION TO A FULLY WORN LINING POSITION. MAX V[4] FLI V[3] V[1] V[2] BRAKE BRAKE ANCILLARY UNIT CIRCUIT 1 CIRCUIT 2 SERVICING BRAKE CIRCUIT 1+2

FMVSS 105, S 5.3.lb V[1] + V[3] >/- 0.25 (V[1] + V[3] + V[4]) V[2] + V[3] >/- 0.25 (V[2] + V[3] + V[4])

V[1] VOL. DISPLACEMENT EQUIVALENT TO A V[2] >/- FULL STROKE OF THE RELATED M/C-PISTON. TEVES MASTER CYLINDER RESERVOIR DESIGN ACCORDING TO FMVSS 105 3-34513-07

ID: aiam5054

Dear Mr. Lawrence: This responds to your March 5, 1992 letter to th Administrator on the subject 'Petition for Rulemaking - FMVSS 108 Turn Signal Installation Requirements.' In that letter, Volvo GM petitioned 'for the revocation of the 'Figure 2' requirements published in the December 12, 1991, Register. . . .' However, the notice published on that date (56 FR 64733) was not an amendment of Federal Motor Vehicle Safety Standard No. 108. Instead, it was only a denial of a petition for rulemaking to allow tail lamps on vehicles 80 inches or wider to be mounted at locations up to 24 inches forward of the extreme rear of the vehicle, and to allow turn signal and stop lamps to be mounted up to 60 inches forward of the rear instead of 'on the rear' as required by Standard No. 108. Paragraph S5.3.1.1 of Standard No. 108 expresses the general requirement that lamps be located so as to meet the visibility requirements specified in any applicable SAE standard. Figure 2 was included in the notice to illustrate the agency's interpretation of the visibility requirements for stop, tail, and turn signal lamps set forth in specific SAE vehicle lighting standards incorporated by reference in Standard No. 108. A copy of that figure is enclosed. However, Figure 2 is not incorporated into Standard No. 108 itself. Since Figure 2 is not part of Standard No. 108, a petition for rulemaking is not the appropriate way to address the problem you have raised. Accordingly, we are treating your letter as a request to change our interpretation of the SAE's specifications. As explained below, the agency is adopting a new interpretation that is consistent with your concerns and arguments. The rationale for the agency's denial of the petition was that the amendments requested would adversely affect the ability of the lamps to meet the SAE specifications incorporated into Standard No. 108 that the lamps on both sides of a vehicle's rear end be simultaneously visible from any angle between and including 45-degree angles to the rear left and right of the vehicle. As noted above, Figure 2 pictorially represents NHTSA's interpretation of the SAE's uniform geometric visibility requirements. Using the SAE standard for turn signal lamps on wide vehicles as an example, NHTSA provided the following quotation from J1395: 'Signals from lamps on both sides of the vehicle shall be visible through a horizontal angle from 45 deg. to the left for the left lamp to 45 deg. to the right for the right lamp. * * * To be considered visible, the lamp must provide an unobstructed view of the outer lens surface, excluding reflex of at least 13 sq. cm. measured at 45 deg. to the longitudinal axis of the vehicle.' Since the SAE measurement of photometry is made at a distance of 3 meters from the lamp, NHTSA also stated that compliance with the visibility requirements is to be determined at a distance of 3 meters. NHTSA's interpretation of the SAE language quoted above, which Figure 2 illustrates, and which you have found objectionable, was: 'Thus, the turn signals on both sides of the vehicle must be simultaneously visible through a horizontal angle from 45 degrees originating at the left lamp, to the left to 45 degrees to the right originating at the right lamp measured at a radius of 3 meters.' You state that the term 'simultaneously visible' does not appear in the SAE specifications. You also argue that the 3 meter requirement has no connection to the 45-degree installation visibility. These issues have also been raised with us by the Motor Vehicle Manufacturers Association (MVMA), which met with us to express its views, not only on turn signal lamps, but stop and tail lamps as well, and by Ford Motor Company, and Freightliner, Corp. in several telephone calls. We are furnishing copies of this response to these three parties, as well as to the original petitioner, Truck Trailer Manufacturers Association (TTMA). First of all, let me assure you that NHTSA had no intention of imposing any new requirements upon industry in its interpretation reflected in Figure 2, and that the reaction of industry to this interpretation came as a surprise to us. Although your letter concerns only the turn signal specifications for wide vehicles, we have reviewed this matter with respect to tail lamps and stop lamps as well, given the concern of other industry members. Our review has led us to place added weight on the fact that the SAE visibility requirements are not consistently expressed from SAE standard to SAE standard. This difference in expression particularly calls into question our interpretation regarding turn signals. This same difference has led MVMA to apply one interpretation to turn signals, and another to stop and tail lamps. We shall discuss these two interpretations separately, and compare them with NHTSA's single, across-the-board interpretation. Under NHTSA's interpretation, the minimum specified lens area of a left stop, turn signal, or tail lamp, as seen at 45 degrees to the left of that lamp, must also be seen at 45 degrees to the right of the right lamp, and at all degrees in between (and vice versa) when viewed at a 3-meter radius from the rear. As suggested above, MVMA does not believe that an across-the-board interpretation is appropriate, given the different expression of the turn signal specification for vehicles in J1395 and J588. SAE J1395 provides that visibility is 'from 45 deg. to the left for the left lamp to 45 deg. to the right for the right lamp.' (Emphasis added.) The first underlined passage suggests that the viewing angle is a left 45 deg. angle, using a line parallel to the vehicle longitudinal axis as the frame of reference for that angle, and that this viewing angle relates to the left signal lamp only. The passage says that the angle is 45 deg. to the left 'for' the left lamp, and not 45 deg. to the left of that lamp. The second underlined passage indicates a similar limitation on the applicability of the language regarding the 45 deg. angle to the right. Even more specific is the corresponding requirement in SAE J588 NOV84, Standard No. 108's specification for turn signals on vehicles less than 80 inches wide. It provides: 'signals from lamps mounted on the left side of the vehicle shall be visible through a horizontal angle of 45 deg. to the left and signals from lamps mounted on the right side of the vehicle shall be visible through a horizontal angle of 45 deg. to the right.' For both wide and narrow vehicles, MVMA interprets the 45 degree left visibility requirement as applying only to the outboard side of the left turn signal lamp, and a 45 degree right visibility requirement only to the outboard side of the right turn signal lamp. NHTSA agrees that MVMA's interpretation regarding turn signal lamps is more fully consistent than NHTSA's interpretation with the language of these SAE standards. Adopting this interpretation moots the question of the particular distance at which visibility is to be determined. However, the fact that the SAE standard did not specify a measurement distance tends to strengthen the case for the MVMA interpretation since its interpretation obviates the need for a measurement distance, while the former NHTSA interpretation necessitated one. The MVMA and TTMA interpretations of the stop and tail lamp requirements are less clearly superior to NHTSA's in their faithfulness to the language of the SAE standards. Indeed, whether any of the competing interpretations is superior in this regard is harder to assess because the language regarding these lamps is more ambiguous. The SAE specifications for stop and tail lamps, incorporated in Standard No. 108, are respectively J586 FEB84 (narrow vehicles) and J1398 MAY85 (wide vehicles), and J585e Sept. 1977. Under all three of these SAE standards, 'signals from lamps on both sides of the vehicle shall be visible through a horizontal angle', which is specified as 'of 45 deg. to the left and to 45 deg. to the right' (J586), 'of 45 deg. to the left to 45 deg. to the right' (J1398), and 'from 45 deg. to the left to 45 deg. to the right' (J585e). TTMA and MVMA restrict the left-right 45 degree visibility requirement to the individual lamp in a horizontal plane, as shown in Figure 1 of the December 1991 notice. Under this interpretation, the minimum specified lens area that is seen at 45 degrees to the left on the left lamp must be seen at 45 degrees to the right of the left lamp, but need not be seen at 45 degrees to the right of the right lamp (and vice versa). In MVMA's view, there was never an intent by the SAE to expect that the minimum lens area of both lamps would be visible from both sides of the vehicle. MVMA also argued that there was no justification to use the photometric measuring distance of 3 meters to determine visibility. Some aspects of the SAE standards regarding stop and tail lamps seem to favor the MVMA/TTMA interpretation, while others favor the NHTSA interpretation. For example, if these SAE standards are interpreted in light of the interpretation given above to the SAE turn signal requirements, then those stop and tail lamp standards will be interpreted as specifying angles of visibility whose frame of reference is each individual lamp instead of the vehicle as a whole. As in the case of the turn signal requirement, the absence of a specified measurement distance for stop and tail lamp visibility tends to support an interpretation that does not depend on such a distance being specified. On the other hand, the absence of any language, like that found in J1395, relating the angle or angles of visibility to any individual lamp, suggests a single continuous horizontal angle spanning the entire rear of a vehicle. NHTSA has decided to adopt the TTMA/MVMA interpretation of the stop and tail lamp visibility requirements. We have said that NHTSA did not intend to impose new burdens on industry by its interpretation, and there appears to be no present safety justification to do so. The existing level of rear lighting safety on the nation's roads is that which is represented by industry's interpretation of the SAE visibility requirements. Thus, there would be no derogation of the existing level of safety by concurring with an industry interpretation. Further, given the lack of clear support for either of the competing interpretations, any attempt by NHTSA to apply its former interpretation to enforce these requirements in a court of law could be very problematic. This letter will serve as notice to the industry that the agency will follow the interpretations stated herein in its future enforcement activities. The SAE visibility materials do not specify any measurement distance. Therefore, to carry the new interpretation to its proper conclusion, NHTSA is no longer specifying a measurement distance of 3 meters to judge compliance with the visibility requirements. Industry and NHTSA are both in agreement, however, that, wherever located, any of these lamps are required by S5.3.1.1 to continue to meet its photometric output at any applicable group of test points, unless excepted by the subsequent conditions of that paragraph. Finally, you comment that Table II 'does not require the turn signals be located on the rear except for trailers'. We do not understand your remark since Table II clearly specifies that turn signal lamps be located on the rear of all vehicles to which the Table applies, and not trailers alone. Sincerely, Paul Jackson Rice Chief Counsel Enclosure cc: Motor Vehicle Manufacturers Association Truck Trailer Manufacturers Association Ford Motor Company Freightliner Corp.;

ID: aiam1823

Dear Mr. Zajic: This responds to your February 19, 1975, request for confirmation tha the building of a trailer with some used components constitutes the manufacture of a new vehicle for purposes of meeting all applicable safety standards, unless the running gear and bottom rails, at a minimum, are from an existing trailer. You also ask for confirmation that parking brakes are not required on a steerable front axle of a full trailer.; The answer to both of your questions is yes. I enclose a copy of letter interpretation which sets out our position on the extent to which a vehicle can be 'repaired' before it becomes the manufacture of a new vehicle.; In answer to your second question, a full trailer, like all othe air-braked trailers, must meet the requirements of S5.6 *Parking brake system*. Section S5.6 permits the manufacturer the option of meeting the requirements of S5.6.1, *Static retardation force*, or S5.6.2, *Grade holding*.; If you choose to meet S5.6.1, you are not required to equip the fron steerable axle with a parking brake system. If you choose to meet S5.6.2, you may use whatever combination of parking brake systems will meet the grade-holding requirement, and such a combination may or may not include a parking brake system on the front steerable axle.; Because Standard No. 121 does not specify a secondary means of brakin on the steerable axle, the Bureau of Motor Carrier Safety requirement for automatic application of the brakes upon breakaway remains applicable to the axle (49 CFR S 393.42(d)).; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam2608

Dear Mr. Barecki: This responds to your March 24, 1977, letter asking for a interpretation of the requirements for knee contact area in Standard No. 222, *School Bus Passenger Seating and Crash Protection*, which state that, when impacted, 'the resisting force of the impacted material shall not exceed 600 pounds and the contact area on the knee form surface shall not be less than 3 square inches.' You ask whether this requirement can be interpreted as meaning that, when impacted, the resisting force of the impacted material shall not exceed 200 pounds per square inch rather than 600 pounds over 3 square inches.; The 600 pound maximum force and the 3 square inch minimum contact are are two distinct requirements. The first specifies an upper bound on the load that will be applied to the upper leg while the latter specifies a lower bound on the knee area over which an impact load must be distributed. To combine the two requirements, as you suggest, tends to relax the contact area requirement for a load which is less than 600 pounds. Such an interpretation would not ensure the level of safety the agency demands for knee contact area. The suggested combination of the two requirements may not provide an adequate distribution of forces over the knee. Accordingly, the agency declines to accept the suggested interpretation of the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2587

Dear Mr. Decker: This responds to your March 30, 1977, letter asking whether th rebuilding of a motor vehicle with all new running gear and an old body constitutes the manufacture of a new motor vehicle requiring compliance with Federal regulations.; In the rebuilding operation you describe, you retain the old body tan structure while replacing the entire running gear assembly. The National Highway Traffic Safety Administration (NHTSA) has determined by regulation in 49 CFR 571.7(f) that the rebuilding of a motor vehicle using old running gear with a new body does not constitute the manufacture of a new motor vehicle. The vehicle will be considered newly manufactured unless, at a minimum, the trailer running gear assembly is not new and was taken from an existing trailer whose identity is continued with respect to the Vehicle Identification Number. In addition, the trailer must be owned or leased by the same party both before and after the remanufacture. Since the running gear with which you plan to equip your vehicle is new, your operation constitutes the new manufacture of a vehicle.; You ask secondly what portion of the running gear can be replaced a normal repairs without such replacement being considered the manufacture of a new vehicle. You may replace any part of the running gear assembly that breaks or malfunctions during operation of the motor vehicle. The NHTSA would consider this to be normal maintenance of the vehicle, not subject to the requirements applicable to vehicle manufacture.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2175

Dear Mr. Coughlin: This is in response to your letter of December 10, 1975, regarding th applicability of existing Federal regulations to the manufacture of 'Helmate.'; At the present time, there is no regulation pertaining directly to th type of helmet accessory your corporation produces. The general regulation concerning motorcycle helmets is 49 CFR S 571.218, Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*. This standard establishes minimum performance requirements for helmets designed for use by motorcyclists and other motor vehicle users.; If a manufacturer, distributor, dealer, or motor vehicle repai business were to install 'Helmates' on helmets, the helmets would have to remain in conformity with the requirements of Standard 218. However, persons other than manufacturers, distributors, dealers, and repair businesses may modify products, after purchase by a user, without regard to the requirements of a Federal safety regulation. Thus, if 'Helmate' is mounted on the helmet by an ordinary consumer, safety Standard 218 is inapplicable.; There is some question as to whether motorcycle helmets will still mee the performance requirements of Standard 218, after the 3/8 inch hole required to mount the 'Helmate' is drilled. If it becomes apparent that installing 'Helmate' type helmet accessories causes the performance level of helmets to drop below the requirements of Standard 218, the NHTSA might find it necessary to enact regulations to rectify the situation. Our main concern is to assure that motorcycle helmets afford riders the protection and safety needed.; If I can be of any further assistance, please feel free to write. Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0559

Dear Mr. Preziosi: In your letter of December 22, 1971 to Lawrence R. Schneider you as for a clarification of the relationship between 49 CFR Part 566 - *Manufacturer Identification*, and 49 CFR S 571.108, Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*. Specifically you ask whether identifying information is required for miniature bulbs.; Standard No. 108 establishes performance requirements for items o motor vehicle lighting equipment, and incorporates by reference certain SAE standards that specify requirements lamps must meet in laboratory tests when assembled. The SAE standard that applies to bulbs, J573d, *Lamp Bulbs and Sealed Units*, is not incorporated by reference, and Standard No. 108 contains no requirements for the output of bulbs furnished with a lamp assembly. When a lamp is tested for conformity, the production bulb is removed and a calibrated bulb substituted, in accordance with Paragraph C of SAE Standard J575d, *Tests for Motor Vehicle Lighting Devices and Components*, the test bulb is to be 'representative of standard bulbs in regular production' and must be 'selected for accuracy in accordance with specifications listed in . . . SAE J573.'; In summary, Standard No. 108 does not specify performance requirement for lamp bulbs, and production bulbs are not used in lamp testing. Therefore, Standard No. 108 does not apply to bulbs and bulb manufacturers are not required to certify conformance to Federal standards, or to submit information pursuant to the *Manufacturer Identification* regulations.; Sincerely, Richard B. Dyson, Assistant Chief Counsel