ID: nht91-1.5

DATE: January 3, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Tom Wiatrak -- Century Products Co.

TITLE: None

ATTACHMT: Attached to letter dated 10-19-90 from Tom Wiatrak to Deidre Fujita (OCC 5360)

TEXT:

This responds to your October 19, 1990 letter asking about the application of the labeling requirements of Safety Standard 213, Child Restraint Systems, to a seat pad you plan to produce for new child safety seats. You state that the pad would cover information that Standard 213 requires to be labeled on a child safety seat. You ask whether the labeling requirements of the standard could be met by directly labeling the seat and by permanently labeling a durable tag (made of "tyvek" material) that would be sewn to the pad.

The answer is yes. Paragraph S5.5 of Standard 213 required each add-on child restraint system to be permanently labeled with specified information. Paragraph S5.5.3 requires a portion of the required information to be located on the add-on child restraint system so that it is visible when the system is installed..." Your suggested tag would satisfy paragraph S5.5.3 if it bears the required information and if that information is visible when the seat is installed in the vehicle.

You should be aware that paragraph S5.7 of standard 213 requires "each material used in a child restraint system" to conform to the flammability resistance requirements of Standard 302, Flammability of Interior Materials. Since the tag would be affixed to the child restraint, the tag would have to comply with 302.

I hope this information is helpful.

ID: nht91-1.50

DATE: February 26, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jim Holperin -- State Representative, 34th Assembly District

TITLE: None

ATTACHMT: Attached to letter dated 1-3-91 from Jim Holperin to Taylor Vinson (OCC 5600)

TEXT:

This is in reply to your letter of January 3, 1991, to Taylor Vinson of this Office, on behalf of your constitutent LeRoy E. Mueller. Mr. Mueller is a manufacturer of trailers, and is concerned that if he builds certain tilt deck trailers to specifications they will fail to conform to Federal Motor Vehicle Safety Standard No. 108. Specifically, a stationary ramp "might obscure a clear view of the trailer's tail lights from a 45 degree angle . . . ." You have asked whether his concern "regarding an obstructed view of the tail light" is a legitimate one.

As Mr. Mueller indicates, Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, incorporates by reference SAE Standard J585e, Tail Lamps (Rear Position Lamps), Sept. 1977, which applies to trailers. This standard requires that "Signal from lamps on both side of the vehicle shall be visible through a horizontal angle from 45 deg. to the left to 45 deg. to the right. The SAE standard further specifies that "To be considered visible, the lamp must provide an unobstructed projected illuminated area of outer lens surface, excluding reflex, at least 2 square inches in extent, measured at 45 deg. to the longitudinal axis of the vehicle." We note that stop lamps and rear turn signal lamps must also meet this requirement.

You have enclosed a photocopy of a photograph of the rear of a trailer taken from what we assume represents a 45 degree angle to the left of the horizontal centerline of the trailer. Certain lamps, visible from another photocopy of a picture taken on the centerline, appear to be obscured at the 45 degree angle. Thus, it appears that Mr. Mueller's concern to be a legitimate one. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to determine whether his vehicle conforms to all applicable Federal motor vehicle safety standards, and to ensure that it does before affixing a certification of compliance to it upon completion of its manufacture. If this agency has reason to believe that a motor vehicle or item of motor vehicle equipment has been manufactured and/or certified in violation of the Vehicle Safety Act, this agency conducts an investigation and, if appropriate, an enforcement action.

However, we would like to point out that if trailer equipment prevents compliance of a required lamp, like a tail lamp, with any of Standard No. 108's requirements, paragraph S5.3.1.1 of the standard permits a manufacturer to install an auxiliary lamp meeting the standard's requirements.

ID: nht91-1.6

DATE: January 3, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jeffrey P. Henderson -- ACTS Testing Labs, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7-10-90 from Jeffrey P. Henderson to Paul Jackson Rice (OCC 4976)

TEXT:

This responds to your letter about paragraph S5.7 of Safety Standard 213, Child Restraint Systems, which specifies that each material used in a child restraint system must meet the flammability resistance requirements of Standard 302 (Flammability of Interior Materials). You asked whether a "plastic pouch" that contains the installation instructions for the seat is required to meet the requirements.

The answer to your question is yes. A pouch that is provided to store the seat's installation instructions during the life of the seat is required by Standard 213 (S5.6.1.6; S5.6.6) to be located on the seat. Thus, by definition, the pouch would be a physical part of the seat. If a component is made a physical part of the seat (e.g., by affixing the component to the seat), the component is subject to Standard 302. The agency referred to the term "physical part" in a November 7, 1980 letter to J. P. Koziatek. In that letter, the agency determined that installation instructions, which are not a "physical part" of the child seat, need not comply with the flammability requirements.

I hope this information is helpful. Please contact us if you have further questions.

ID: nht91-1.7

DATE: January 3, 1991

FROM: Jerry Ralph Curry -- NHTSA

TO: Stephen C. Crampton -- Dow, Lohnes & Albertson; Marc J. Fink -- Dow, Lohnes & Albertson

TITLE: Re Request by John A. Rosatti to import a Porsche 959 vehicle into the U.S.

ATTACHMT: Attached to letter dated 10-30-90 to Samuel K. Skinner from Marc J. Fink and Stephen C. Crampton; Also attached to memo dated 10-31-90 to NHTSA from Toni Fargo

TEXT:

Secretary Skinner has asked me to respond to your letters of October 30 and November 9, 1990, which requested a review of this Agency's decision not to permit the proposed importation.

My Chief Counsel and I have carefully reviewed this matter, including the specific provisions of the 1988 statutory amendments governing vehicle importation. We have concluded that the Agency's initial decision was correct. Therefore, the decision is affirmed, for the reasons noted in the enclosed legal memorandum.

We understand your client's interest in having this vehicle available for marketing and display purposes, and we appreciate his stated commitment that it would not be driven on the highways. We also recognize that no single vehicle can have much impact on overall U.S. highway safety. Nonetheless, our decision must be based on the laws governing vehicle importation -- namely, the 1988 statute and our implementing regulations. As noted in our legal memorandum, Congress specifically limited the circumstances under which non-complying vehicles could be imported, and deleted previous authority to such vehicles for "show" purposes (unless they are more than 25 years old). Therefore, consistent with our legal responsibilities, we are unable to approve Mr. Rosatti's proposed importation.

Please contact our Chief Counsel, Mr. Paul Jackson Rice, at (202) 366-9550, for any further clarification you may need on this matter.

ID: nht91-1.8

DATE: January 3, 1991

FROM: S.V. Kaaria

TO: NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2-11-91 from Paul Jackson Rice to S.V. Kaaria (A37; Std. 108); Also attached to letter dated 1-16-91 from Marvin A. Leach, to S.V. Kaaria (OCC 5648)

TEXT:

I am the designer of the taillights placed near the rear window of passenger cars. In attempting to negotiate a settlement with auto manufacturers, they all point to the law which requires these new placements of elevated brake lights (Standard 108.1.1.27). They claim since you made the requirements you should negotiate with me for 1% of replacement cost of these taillights.

Would you please clarify your position in this matter, and notify me. Thank you.

ID: nht91-1.9

DATE: January 3, 1991

FROM: Jim Holperin -- State Representative, 34th Assembly District

TO: Taylor Vinson -- Legal Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2-26-91 from Paul Jackson Rice to Jim Holperin (A37; Std. 108)

TEXT:

I write today on behalf of LeRoy E. Mueller, President of the Wisconsin Trailer Company, Inc. in Phelps, Wisconsin. Mr. Mueller's company recently submitted a bid to the Wisconsin Department of Natural Resources for two tilt-deck trailers based on the enclosed specifications.

As Mr. Mueller is concerned that if he builds the trailers exactly to specifications that they will be in violation of Title 49, Section 571-108 and, by cross reference, in violation of relevant SAE requirements.

Kevin Cavey recommended I direct this correspondence to you and request a determination from the NHTSA regarding whether our DNR's trailer specifications comply with Title 49 and relevant SAE codes. I am also enclosing a letter from Mr. Mueller indicating his primary concern lies with what appears from the specifications to be a permanent, stationary ramp which Mr. Mueller believes might obscure a clear view of the trailer's tail lights from a 45 degree angle as required by Title 49 and SAE codes.

I would appreciate it if you could take time to review the enclosed material and determine whether Mr. Mueller's concerns regarding an obstructed view of the tail light are legitimate or not. Thank you for giving this request your consideration and, of course, if there is additional information you need please do not hesitate to contact me by letter or phone.

Attached to a map of the 34th Assembly District (Text omitted)

Attachment Specification 8 SPECIFICATION

TYPE: (2) Two 26,000 lb. minimum payload capacity "over the wheel" tilting platform trailer.

DELIVERY: The successful bidder shall deliver all units ordered, after final inspection and approval by DNR personnel, to DNR, Neil H. LeMay Forestry Center, 518 West Somo Ave., Tomahawk, WI 54487, and to arrive during regular working hours - Monday thru Friday, 7:45 a.m. to 11:45 a.m. and 12:30 p.m. to 4:30 p.m. Advance notice of at least one day shall be given. The successful bidder shall arrange for and pay transportation costs for the delivery of all units ordered.

USE: Trailer will be used to transport medium sized crawler tractors with fire plows, heavy duty wheel tractors, and farm-type machinery, both on and off the road, maximum highway speed will be 55 MPH.

A. CAPACITY: 26,000 lb. minimum payload capacity. When unloaded, there shall be sufficient tongue weight to enable the unit to be towed without fish-tailing.

OUTLINE DRAWING - T-D169-401 Issue 02

B. PLATFORM: Length - 20 feet Width - 94" minimum - 96" maximum Height - 38" maximum fully loaded

FRAME: Steel shall be designed with ample safety factor and electrically welded where steel meets steel. All crossmembers are to be in line, fully welded on top, sides, and bottom, both on the inside and outside of the main frame.

DECK: Full 2 inch thick treated apitong wood deck. The entire rear 7 feet of the trailer to be ribbed traction bed with 3.75" x 2" x 3" angle steel ribs replacing the wood deck planking. Ribs to be spaced 7" on center with the 3" leg facing the front of the trailer. All wheel well openings shall be covered. Area around wheel wells shall be reinforced to support deck.

ANGLE IRON LOADING GUIDES: Locate three removable angle iron guides on top of deck per outline drawing.

Stake pockets, footholds, expanded metal walkway, tie-down slots per outline drawing.

LOADING RAMPS: 0.50" thick steel formed loading ramps per outline drawing.

PLATFORM LOCK: Shall be heavy duty screw type, self adjusting for wear, and shall hold the platform tight and rattle free in the closed position, The end of the screw shall be wedge shaped for ease of engagement.

OPERATION: Deck to tilt open or closed with 150 lb. weight, allowing loading or unloading of equipment. Loading angle shall not exceed 15 degree incline. Zerk type grease fittings shall be on all platform tilt pivot points.

SPECIFICATION

CUSHIONING DEVICE: One (1) 4" hydraulic cylinder with 1.25" diameter rod, or two (2) 2.5" hydraulic cylinders with 1" diameter rod (all minimum dimensions) designed to cushion the opening and closing the platform. When cylinders are completely open, the bed of trailer shall be capable of tilting 4" minimum below ground level in the tiltbed position.

C. SUSPENSION: Single point spring suspension - Neway USR 444, or equal - able to maintain equal ground pressure while traveling over uneven terrain.

AXLE LOCATION: Distance from center of axles to front of trailer bed to be approximately 10 feet.

TIRES: Nine (9) 7.5 x 15 L.R. "F" (12PR) low platform trailer tube type tires and rims capable of meeting load and speed requirements of this specification as noted in item A. One (1) tire to be mounted on spare rim. Valve extensions required on inside tires.

WHEEL: Budd disc wheels. Stemco oil wheel seals shall be furnished on all axles.

AXLES: Full width through type axles with one (1) hubometer.

D. BRAKES: Full air complete with all lines, breakaway control valve, and air reservoir tank with 1,000 cubic inch minimum capacity. Air brake hoses to extend a minimum of 24" ahead of the pintle eye and shall be complete with couplings. Air lines shall not be interchangeable. Left gladhand shall be the emergency air line Velvac #55B-13. Right hand gladhand shall be the service air line Velvac #55B-14. Brake system shall meet SAE and DOT requirements. All wheel brakes to be 12.25" x 7.5" minimum. Gladhand holders are required for brake lines when they are not in use, and are to be mounted near tongue. Include piggy back parking with mechanical release and mechanical release tool.

E. ELECTRICAL SYSTEM: Shall be per writing diagram T-AO86-701 furnished as a part of this specification.

WIRING: Shall meet all SAE, ICC, and DOT requirements. All wires shall be in loom, heavy jacket, or conduit and mounted in a protected position. Where wires pass through steel, they shall be protected with rubber grommets. Two (2) feet of conductor wire, ahead of pintle, shall be installed in the female plug for connection to the towing vehicle. No aluminum rivets for grounds are allowed.

LIGHTS: Lights shall meet SAE, ICC, and DOT requirements. Lights shall be in protected recesses or with protective base around lights. All lights shall be of the plug-in type.

SIX POLE PLUG: Vel Vac #59P-6 (6 way male plug) with replaceable interior, or equal.

Attached to drawings and photos of Lid Trailer (Text and graphics omitted)

ID: nht91-2.1

DATE: February 26, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Lennard S. Loewentritt -- Deputy Associate General Counsel, Personal Property Division, General Services Administration

TITLE: None

ATTACHMT: Attached to letter dated 11-7-90 from Lennard S. Loewentritt to Paul Jackson Rice (OCC 5432)

TEXT:

This responds to your November 7, 1990 letter requesting further clarification with regard to my August 23, 1990 letter to you. 49 CFR S571.7(c) provides that Federal motor vehicle safety standards do not apply "to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications. In my August letter, I stated that school buses purchased by the General Services Administration (GSA) for the sole use of the Army would be considered to fall within this exception. This interpretation was based on the assumption that GSA acts as a purchasing agent for the Army.

In your recent letter, you stated that this assumption was erroneous. While GSA's Automotive center does act as a purchasing agent for some agencies, the vehicles in question would be purchased for the GSA'S Interagency Fleet Management System (IFMS). Vehicles in the IFMS "are assigned on an indefinite basis to agencies that have had their fleets consolidated into the IFMS." You stated that the Army has consolidated their nontactical vehicles into the IFMS.

In this case then, the GSA would be purchasing buses which are intended for "indefinite assignment to and sole use by the Army for the purpose of transporting troops as well as transporting military dependents to and from school." You stated that these vehicles would be manufactured in conformity with contractual specifications "which reflect the requirements of the Federal Motor Vehicle safety standards for buses rather than school bus specifications." Given this clarification of GSA's role, you again asked if these buses would fall within the exception in 49 CFR 571.7(c).

The answer to your question would be yes, if the purchase contract specifies that the buses should not be certified as school buses in order to serve the needs of the Armed Forces. In these circumstances, we see no meaningful difference between a sale directly to an element of the Armed Forces and a sale to GSA's IFMS intended for exclusive and indefinite assignment to the Army. In announcing this conclusion, I want to make several points. In the interest of safety, I strongly recommend that the contract specify compliance with the substantive provisions of the Federal motor vehicle safety standards relating to school buses, except insofar as they are actually inconsistent with the intended use of the bus. Also, if reassignment of these buses to another agency is ever contemplated, I would appreciate your undertaking to ensure that they would only be used for transporting adults.

I hope this response is helpful. Please let me know if you have any further questions or need any additional information.

ID: nht91-2.10

DATE: March 6, 1991

FROM: Earl C. Lempke -- President, Delavan Industries Inc.

TO: Taylor Vinson -- NHTSA (Dot)

TITLE: None

ATTACHMT: Attached to letter dated 3-27-91 from Paul Jackson Rice to Earl C. Lempke (A37; VSA 1392(d); Std. 108)

TEXT:

You have been referred to us by Truck Lite Corporation as their contact with the Government concerning Trailer Lighting.

Delavan is the major Manufacturer of Automobile Transport Trailers and have been building this equipment for forty-five years.

Our question, is there any federal ruling stating that Trailer Clearance Lights are considered as Safety Equipment and as such are not to be included as part of the overall width of the vehicle?

Believe it or not, Truck Lite has nothing they can refer to us to substantiate this. Is there any ruling on this matter which you could send us?

Thank you for your help and please call me (800-258-2528) if you need any more information.

Attachment Copy of Federal Highway Administration Federal Motor Safety Regulations dated January, 1990, regarding S393.19 - S393.22, page 184. (Text omitted)

ID: nht91-2.11

DATE: March 6, 1991

FROM: Gregory J. Vonderheide -- Markets Unlimited Group, Inc.

TO: NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 3-29-91 from Paul Jackson Rice to Gregory J. Vonderheide (A37; Std. 108)

TEXT:

Could you please forward to me the application(s) neccessary for the Department of Transportations approval of a new product.

The product is a Safety Light for motor vehicles, commercial trucks and bicycles.

Thank you.

ID: nht91-2.12

DATE: March 6, 1991

FROM: Mark A. Pacheco -- Vice President, Innovative Industries of Tampa, Inc.

TO: Department of Transportation, NHDSA

TITLE: Re Subj: Ruling on Motorized Scooter

ATTACHMT: Attached to letter dated 4-1-91 from Paul Jackson Rice to Mark A. Pacheco (A37; VSA S 102(3))

TEXT:

On behalf of our client Walk Machine Corporation, 17690 South Dixie Hwy (US-1), Miami, FL 33157, Florida USA. We would like to obtain a ruling from you regarding their "Walk Machine". Attached for your reference is a brochure on the product.

These are being manufactured in Brazil by Hatsuta Industrial S.A., Av. Monteiro Lobato, 2700 - CEP: 07190 - Guarulhos - SP - Brazil and imported.

From our study it does not fail under any federal regulations and since this is designed for off road use, we would like to get a confirmation from you that no other approvals are required.

If you should have any questions or comments or need additional information, please do not hesitate to contact me.

Attachment

WALK MACHINE (Graphics omitted) The Walk Machine is a new concept for pedestrian's mechanization. Safe and easy to drive, after few minutes of training, you will be ready to move economically along at speeds up to 16 MPH.

SUPER ECONOMIC

It is very economical - 37cc and 1 HP engine goes up to 50 miles with one liter of gas. Its 0,3 gallons fuel tank can take you for up to 62 miles. It is easier to handle than a bike, a motorcycle, or a car. Due to its extremely safe.

EASY TRANSPORT

The Walk Machine is light (40 pounds) and has a foldable handle - bar - you can transport in a car trunk - or on a car rack. You can take with you on a trip or on a day out without any problems!

SPECIFICATIONS

Engine......................... 2 strokes Cylinder capacity.............. 37 cc (2,25 cu. inches)

o Piston x Stroke.............. o 1,4 x 1,5 inches Maximum Power.................. 1 HP at 5.500 RPM Refrigeration.................. Air, "Ram - Air" flaps Ignition....................... Magnet and secondary coil Carburetor..................... Ventury piston type o 0,55 inches lubrification.................. 2 stroke oil 25:1 Traction....................... Pulleyes and belts Net Weight..................... 40 pounds Fuel Tank...................... 0.3 gallons Maximium Speed................. 16 miles p/ hr. Normal Speed................... 7,5 miles p/ hr. Maximium load.................. 220 pounds Tires.......................... 3.25 x 6 (special) Tire gauge..................... 18 to 20 lbs.

NOTE: The technical characteristics of this vehicle might be changed by the manufacturer without prior notice.

Walk Machine is a trade mark registered in USA and other countries Walk Machine is patented in USA and other countries.

WALK MACHINE CORPORATION HATSUTA INDUSTRIAL S.A. 17690 South Dixie Hwy (US - 1) Av. Monteiro Lobato, 2700 - CEP: 07190- Miami FL 33157, Florida USA Guarulhos - SP - Brazil Phone.: (305) 378-4564 / 378-4531 Tel.: (011) 209-2133 - Telex: 1165033 HABR - Fax.: (305) 378-9318 Fax: (011) 209-2593