ID: nht88-3.39

TYPE: INTERPRETATION-NHTSA

DATE: 09/10/88

FROM: LARRY P. EGLEY

TO: KATHLEEN DEMETER -- ASST. CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/09/89 FROM STEPHEN P. WOOD -- NHTSA TO LARRY P. EGLEY; REDBOOK A33[2]; STANDARD 108; LETTER DATED 01/17/89 FROM LARRY P. EGLEY TO KATHLEEN DEMETER -- NHTSA; OCC 3028; LETTER DATED 05/23/89 FROM LARRY P. EGLEY TO KATH LEEN DEMETER -- NHTSA; REPORT DATED 09/10/88 FROM LARRY P. EGLEY, REQUEST FOR EVALUATION / INTERPRETATION OF PROPOSED INVENTION SUDDEN STOP FLASHER [SSF]; REPORT DATED 09/07/88 FROM LARRY P. EGLEY, AN APPEAL FOR VARIANT INTERPRETATION OF NHTSA STANDARDS AS THEY RELATE TO BRAKE LIGHTS AND THE SUDDEN STOP FLASHER [SSF]; LETTER DATED 07/13/88 FROM KATHLEEN DEMETER -- NHTSA TO LARRY P. EGLEY; LETTER DATED 06/23/88 FROM LARRY P. EGLEY TO RALPH HITCHCOCK -- NHTSA; OCC 2256; LETTER DATED 06/20/88 FROM LEWIS S. BUCHANAN -- EPA TO LARRY P. EGLEY; OCC 2199; LETTER DATED 06/09/88 FROM LARRY P. EGLEY TO LEWIS BUCHANAN

TEXT: Dear Ms DeMeter:

I recently sent two letters to NHTSA, the first dated June 9, 1988 and the second dated June 23, 1988, in which I described my invention, the "Sudden Stop Flasher (SSF)." I requested an evaluation or interpretation to determine if my device would meet the standards established by NHTSA, AND I also requested "reasonable confidentially." You responded in a letter dated July 13, 1988 that NHTSA "requires that all of its interpretations be made publically available."

Since the SSF is now registered in the U.S. Patent Office, I have decided to allow NHTSA to conduct an evaluation and publicize the results as required.

However, please ignore the two letters referenced above for purposes of the evaluation and replace them with Enclosures (1) and (2), attached. The Enclosures attached will be much easier for the evaluators to follow than the two misdirected letters, which are somewhat disjointed and contain extraneous details.

Thank you for your attention.

Enclosures: (1) Request for Evaluation/Interpretation of Proposed Invention: "Sudden Stop Flasher (SSF)"

(2) An Appeal for Variant Interpretation of NHTSA STANDARDS as they Relate to Brake Lights and the Sudden Stop Flasher (SSF)

ID: nht88-3.4

TYPE: INTERPRETATION-NHTSA

DATE: 08/12/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: Anonymous (Confidential)

TITLE: NONE

TEXT: This is in reply to your letters of December 3, 1987, January 19, 1988, and April 4, 1988 (to Taylor Vinson of this Office), asking whether a device of your invention complies with all applicable Federal regulations. You have also requested information on how to petition for adoption of this device as mandated equipment on new motor vehicles. We regret the delay in responding to your letter.

You have requested confidentiality of this matter to the extent permissible. As Mr. Donaldson of this Office explained to you by phone on January 14, our practice is to make available for public perusal copies of all agency interpretations, but not nece ssarily the correspondence that occasioned the interpretation, and, upon request, to delete from the interpretation the name and address and other data that might identify the person requesting the interpretation. You have assented to the withholding of your name and address in your letter of January 19. In that letter you requested withholding the drawings you enclosed on December 3. We shall not attach them to the copy of this letter made publicly available (although they will be subject to review by agency personnel who review this letter before I have signed it, and may be subject to eventual disclosure under a Freedom of Information Act request). However, the device must be described to the extent necessary to allow a reader to understand just what the opinion covers.

Your device is a horizontal bar of lamps mounted inside the rear window of a passenger car consisting of the center highmounted stop lamp in the center, flanked by back up lamps, which are themselves flanked by left and right turn lamps. Each of the fiv e lamps would have a lens area approximately 6" wide and 1 1/2 inches high.

The applicable Federal law and regulation is the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. With respect to acceptability of your device as an ite m of original equipment, for purposes of this interpretation we assume that the device is intended to replace the standard center highmounted stoplamp, but only to supplement

2 the backup and turn signal lamps. Your device appears permissible as an item of original equipment under Standard No. 108 provided that all requirements for the center highmounted stoplamp continue to be met. We call your specific attention to the fa ct that means must be provided to minimize reflections from the center lamp upon the rear window glazing that might be visible to the driver, either directly or indirectly in the rearview mirror. Supplementary original lighting equipment is permissible under Standard No. 108 as long as it does not impair the effectiveness of lighting equipment required by the standard. The certification by a manufacturer that its vehicle complies with Standard No. 108 would encompass a certification that there is no i mpairment by any supplemental lighting equipment. The vehicle manufacturer must also consider whether any device installed in a rear window affects compliance with the interior rearview mirror field of view requirements specified by Standard No. 111 Rea rview Mirrors, and if affirmative to provide a passenger side exterior mirror.

The Vehicle Safety Act covers safety related defects as well as motor vehicle safety standards, requiring notification of purchasers and remedy of safety related defects when they occur. Spillage of light upon the rear glazing could be considered as a s afety related defect, and, for this reason, means should be provided to minimize reflections upon the rear glazing from all lamps in the array, and not just the center lamp.

The applicable Federal law for aftermarket equipment is also the Vehicle Safety Act. It prohibits modifications by manufacturers, distributors, dealers, and motor vehicle repair businesses to vehicle if those modifications render inoperative in whole or in part equipment installed in accordance with a safety standard. Center highmounted lamps have been required as original equipment on new cars manufactured on or after September 1, 1985. Because of the potential for interfering with the effectiveness of the center lamp, we would regard removal of an original equipment center lamp and substitution of your device including its center lamp as rendering the center lamp partially inoperative within the meaning of the prohibition. However, if the modific ation is such that it can be done by the vehicle owner, the Act does not prohibit an owner from it. Further, the Act would not prohibit in any way the installation of your device on passenger cars manufactured before September 1, 1985. However, supplem entary lighting devices sold in the aftermarket are regulated by each State in which the device would be sold and used. Although we are not conversant with those laws, you may consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203 for an opinion.

You have also asked how this device could be mandated as original equipment on new passenger cars. Any interested person may petition the Administrator for an amendment of Standard No. 108. However, the Vehicle Safety Act requires the safety standards to be standards for motor vehicle performance, and, to the extent possible, the agency attempts to minimize standards expressed in terms of design. For the same reason, the agency does not normally propose adoption of proprietary designs. As one of the requirements of a petition for rulemaking is that it contain the name and address of the petitioner, it might not be possible

3 to afford the same degree of confidentiality to a petition that it is to a request for an interpretation.

Your letter of April 4 asks a slightly different question on the subject of what is allowed to be viewed by other motorists in or around the rear window, with specific reference to turn signals, backup lamps, and hazard warning signals. The relevant port ions of Standard No. 108 are those relating to mounting height. The maximum mounting height of 83 inches allowed for turn signals (which commonly also serve as hazard warning signals) is unlikely to be exceeded by turn signals mounted in the rear window area. There is no maximum restriction on the mounting height of backup lamps but we do have performance criteria which must be met in order to ensure that they can satisfy their intended function of providing illumination behind the vehicle. Finally, y ou should realize that it is incorrect to refer to your device as a "third tail light assembly." A taillamp is a specific rear lamp required by Standard No. 108, and one which you have not incorporated into your assembly.

I hope that this answers your questions. As you requested in a phone call to Taylor Vinson the other day, we are returning the originals of your correspondence.

Enclosures

Sincerely,

ID: nht88-3.40

TYPE: INTERPRETATION-NHTSA

DATE: 09/10/88

FROM: LARRY P. EGLEY

TITLE: REQUEST FOR EVALUATION/INTERPRETATION OF PROPOSED INVENTION: "SUDDEN STOP FLASHER (SSF)"

ATTACHMT: ATTACHED TO LETTER DATED 08/09/89 FROM STEPHEN P. WOOD -- NHTSA TO LARRY P. EGLEY; REDBOOK A33 [2]; STANDARD 108; LETTER DATED 01/17/89 FROM LARRY P. EGLEY TO KATHLEEN DEMETER -- NHTSA; OCC 3028; LETTER DATED 05/23/89 FROM LARRY P. EGLEY TO KAT HLEEN DEMETER -- NHTSA; LETTER DATED 09/10/88 FROM LARRY P. EGLEY TO KATHLEEN DEMETER -- NHTSA; OCC 2530; REPORT DATED 09/07/88 FROM LARRY P. EGLEY, AN APPEAL FOR VARIANT INTERPRETATION OF NHTSA STANDARDS AS THEY RELATE TO BRAKE LIGHTS AND THE SUDDEN STO P FLASHER [SSF]; LETTER DATED 07/13/88 FROM KATHLEEN DEMETER -- NHTSA TO LARRY P. EGLEY; LETTER DATED 06/23/88 FROM LARRY P. EGLEY TO RALPH HITCHCOCK -- NHTSA; OCC 2256; LETTER DATED 06/20/88 FROM LEWIS S. BUCHANAN -- EPA TO LARRY P. EGLEY; OCC 2199; LET TER DATED 06/09/88 FROM LARRY P. EGLEY TO LEWIS BUCHANAN

TEXT: The Sudden Stop Flasher (SSF) would work in conjunction with standard automobile brake lights. During routine decelerations, the brake lights would function normally. However, at unusual or "unexpectedly" high deceleration rates, such as when a driver suddenly sees a dog on the road or an accident ahead, the SSF would utilize a pendulum-type accelerometer in conjunction with a special high-speed flasher to rapidly flash the brake lights automatically (such as drivers sometime attempt to do themselves to warn the driver behind but only when they have time).

To make the effective flash rate even higher, the high-mount light would flash in rapid sequence with the two lower brake lights, the two lower lights flashing simultaneously.

I believe this concept would be especially effective in preventing high-speed crashes such as on Interstate highways when separation intervals are greater and when rapid deceleration may be completely unexpected. These crashes too frequently result i n ruptured gas tanks and fatalities.

The SSF would be especially applicable, I believe, to automobiles equipped with anti-skid brakes. Ironically, cars with anti-skid brakes may become involved in accidents because of their superior braking performance when the car behind them crashes i nto them because the car behind is not equipped with anti-skid brakes and therefore cannot match the braking performance. The SSF could provide the extra 2-or 3- second warning which could be the difference between a controlled stop and a disastrous cra sh.

A special feature would be the "Crash Lock-Up Mode." This feature would cause the system to "lock-up" in the rapid warning flash sequence mode whenever an "impact-level" (i.e., an actual crash) is encountered. When drivers have an accident, they are often confused and disoriented and consequently fail to take measures to warn other drivers - such as turn on the hazard warning flashers. The Crash Lock-Up feature would automatically send out a continuous warning when an actual crash occurs, thus possi bly preventing yet another crash. The Crash Lock-Up would remain actuated until the ignition switch is recycled. This feature would be especially helpful if a crash occurred on a foggy night or when the visibility is otherwise poor.

The actual point or g-level at which the SSF would actuate would be determined by testing and the units would be preset and sealed at the factory. I do not believe any compensation would be necessary for up-grades or down-grades. The system would act uate somewhat later on an upgrade and somewhat earlier on a downgrade, which would be inherently appropriate. Likewise, I do not believe any compensation would be necessary for the size of the automobile because the deceleration level would be the criti cal factor, regardless of the size or weight of the automobile.

ID: nht88-3.41

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL; NHTSA

TO: DAVIS THEKKANATH -- SR. SUPERVISING ENGINEER, OSHKOSH TRUCK CORPORATION

ATTACHMT: MEMO DATED 11-18-87, SUBJECT: FMVSS 121, TO NHTSA, FROM DAVIS THEKKANATH -- OSHKOSH TRUCK CORPORATION

TEXT: This responds to your letter requesting an interpretation of Safety Standard No. 121, Air Brake Systems. Section S5.1.1 of the standard requires trucks and buses to have an air compressor of sufficient capacity to bring the pressure in the supply and se rvice reservoirs from 85 psi to 100 psi within a specified time. You inquired about the meaning of this requirement in the context of a truck with a trailer behind it. You particularly asked whether the air compressor capacity requirement includes the volume of service reservoirs for the trailer. As discussed below, only the truck reservoirs need to be considered for this requirement.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals for motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manuf acturer to ensure that its vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter.

Section S5.1 and S5.1.1 of Standard No. 121 read as follows:

S5.1 Required equipment -- trucks and buses. Each truck and bus shall have the following equipment:

S5.1.1 Air Compressor. An air compressor of sufficient capacity to increase air pressure in the supply and service reservoirs from 85 pounds per square inch (p.s.i.) to 100 p.s.i. when the engine is operating at the vehicle manufacturer's maximum rec ommended r.p.m. within a time, in seconds, determined by the quotient

(Actual reservoir capacity x 25)/Required reservoir capacity.

The reference in section S5.1.1 to "supply and service reservoirs" refers only to the supply and service reservoirs in the truck or bus subject to the requirement. Similarly, the term "actual reservoir capacity" refers only to the actual reservoir capac ity of that truck or bus, and the term "required reservoir capacity" refers only to the reservoir capacity required for that truck or bus. Thus, for a truck designed to tow an air-braked trailer, only the truck's reservoirs need to be considered for this requirement. For purposes of testing, the towing vehicle protection system would be activated.

While Standard No. 121 does not specify air compressor capacity for towing vehicles in terms which address towed vehicles, we assume that manufacturers of vehicles designed to tow air-braked vehicles will design them to have sufficient air compressor cap acity to ensure safe braking performance under conditions of reasonably foreseeable use, including when they are towing air-braked vehicles.

ID: nht88-3.42

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: GEORGE ZIOLO -- DOT PAPERWORK PROCESSOR

TITLE: NONE

ATTACHMT: LETTER DATED 04/20/88 TO ERIKA Z. JONES FROM GEORGE ZIOLO RE HEADLAMP COMBINATIONS-REQUEST FOR CLARIFICATION, FMVSS 108; OCC - 1932;

TEXT: Dear Mr. Ziolo:

This is in reply to your letter of April 20, 1988, asking about the acceptability under Safety Standard No. 108 of modifying imported vehicles so that they are equipped with two Type 2D1 and two Type 1C1 headlamps. You have been informed by the agency's Office of Vehicle Safety Compliance that this is impermissible "because they are 'nonconforming' 'headlight systems'." You disagree because you believe that the minimum requirements of the Standard are satisfied by the Type 2D1 lamps, and that "S4.4 app ears to permit such a combination."

Paragraph S4.4 is not applicable to the situation you present as it refers to combinations of lamps serving different functions; in your discussion, the lamps serve the identical function of headlighting. Given the fact that the Type 2D1 sealed beam 7" diameter headlamps fulfill the headlighting requirements of the Standard, your question must be viewed as whether a supplement to the headlighting system is permissible under Standard No. 108.

Paragraph S4.1.3 of Standard No. 108 permits the addition of nonrequired lighting equipment provided it does not impair the effectiveness of the equipment that the standard requires. The two Type 1C1 5 3/4" diameter sealed beam lamps in a four lamp head lighting system form the major portion of an upper beam headlighting system. The two Type 2D1 lamps in a two lamp headlighting system form the whole of an upper beam headlighting system. Thus, a vehicle furnished with the systems you posit would be equ ipped with more than one upper beam headlighting system. The Type 2D1 system must be designed to conform to the photometric requirements of SAE Standard J579c DEC79 "Sealed Beam Headlamp Units for Motor Vehicles." The SAE Standard establishes at two tes t points, H-V and 4 D-V, maximum allowable candela of 75,000 and 5,000 respectively for each Type 2D1 headlamp. This means that the maximum allowable candela for headlighting systems at these test points is 150,000 and 10,000 candela. The Type 1C1 head lamps will also be designed to conform to SAE J579c. Corresponding maxima at test points H-V and 4 D-V for Type 1C1 systems are 60,000 and 5,000. Thus, a vehicle equipped

with the lamps you have described could emit a total of 270,000 candela at test point H-V (when only 150,000 is permitted), and 20,000 at 4D-V (when only 10,000 is allowable).

Agency research has shown that candela readings in excess of 150,000 greatly increase the potential for glare with little increase in seeing ability. This glare would be visible both to the driver of an oncoming car, and the driver of the modified vehic le itself through creation of a "veiling" glare. The addition of the Type 1C1 headlamps would therefore impair the effectiveness of the Type 2D1 headlighting system, and is forbidden by S4.1.3.

We appreciate your interest in safety.

Sincerely,

ID: nht88-3.43

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: DALLAS MCCLAIN -- PRO TOUR, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 09/21/87 FROM DALLAS MCCLAIN TO OFFICE OF CHIEF COUNSEL, NHTSA, RE CLARIFICATION/INTERPRETATION OF SEATING STANDARDS; OCC-1055

TEXT: Dear Mr. McClain:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) asking four questions about the applicability of Safety Standard No. 207, Seating Systems, to buses other than school buses. I regret the delay in responding.

Your first question asks about the agency's definition of a "bus" and a "multipurpose passenger vehicle." You ask how the two definitions differ, and whether the definitions are based on passenger capacity or the gross vehicle weight rating of a vehicle.

A vehicle is classified as either a bus or a multipurpose passenger vehicle based in part on its passenger capacity. Our definitions for the motor vehicle safety standards are set forth in Title 49 of the Code of Federal Regulations, Part 571.3 (copy en closed). In that regulation, we define a "bus" as "a motor vehicle ... designed for carrying more than 10 persons." A "multipurpose passenger vehicle" is defined as "a motor vehicle ... designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

For your information, the agency is presently reviewing its classification of motor vehicles, in response to a petition for rulemaking from the Insurance Institute for Highway Safety. In October, 1987, NHTSA published an advance notice of proposed rulem aking which discussed various issues raised by the petition. I have enclosed a copy of the notice for your information.

Your second question asks about the requirements of Standard No. 207 applying to side-facing seats and bus passenger seats. You ask whether these seats are exempt from the standard's performance requirements. You also ask whether these seats are "cover ed under another safety standard."

Section S2 of Standard No. 207 provides that the standard applies to buses (among other vehicle types). Section S4.2, General performance

requirements, provides that "(w)hen tested in accordance with S5., each occupant seat other than a side-facing seat or a passenger seat on a bus, shall withstand" specified forces. Passenger seats on a bus are thus excluded from the requirements of section S4.2. However, the driver's seat on a bus is not excluded from the requirements of that section. The testing procedures of section S5 are only relevant to seats which are subject to the general performance requirements of section S4.2.

Similarly, section S4.3, Restraining device for hinged or folding seats or seat backs, provides that "(e)xcept for a passenger seat in a bus or a seat having a back that is adjustable only for the comfort of its occupants, a hinged or folding occupant se at or occupant seat back shall" meet specified requirements. Passenger seats on a bus are thus excluded from the requirements of section S4.3. Assuming that a hinged or folding occupant seat or occupant seat back were provided for the driver, it would n ot be excluded from the requirements of that section unless it had a back that was adjustable only for the comfort of its occupant.

Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, specifies criteria for testing school bus passenger seats. That standard is not applicable to buses other than school buses. The agency does not have any other standards which provide criteria for testing the strength of seating systems of buses. Bus seat cushions and seat backs are, however, subject to the flammability resistance requirements of Safety Standard No. 302, Flammability of Interior Materials.

We answered the first part of your third question, which asks whether "perimeter seating" on a bus is excluded from some Standard No. 207 requirements, in our response to your second question. A passenger seat on a bus is excluded from the standard's ge neral performance requirements (S4.2) and the requirements for a restraining device for the seat back (S4.3). With the exception of Standard 302, there are no performance requirements for seat cushions for passenger seats on a bus other than a school bu s.

With respect to your question whether "perimeter seating" is considered "side-facing," generally seats installed along the vehicle's sides which face the longitudinal centerline of the vehicle are considered side-facing. Seats that face toward the front of rear of the vehicle are not considered side-facing.

Your fourth and final question asks, "While seats not designated for use while the vehicle is moving (MVSS 207, S4.4) must be labeled, must other occupant seating subject to MVSS 207 and MVSS 302 be labeled with a 'law label' indicating the seat has met these standards?"

You are correct that S4.4 of Standard No. 207 requires that seats not designated for occupancy while the vehicle is in motion must be conspicuously labeled to that effect. However, we do not require the extensive labeling you suggest, i.e., we do not re quire that each seat bear a label indicating that the seat complies with applicable requirements of the Federal safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act and NHTSA's regulations, the new vehicle manufacturer cert ifies that a vehicle complies with all

applicable Federal motor vehicle safety standards, including Standards No. 207 and No. 302, by affixing a single label of the type and in the manner set forth in the agency's certification regulation, 49 CFR Part 567. For your convenience, I have en closed a copy of Part 567 and information on how you can obtain copies of other NHTSA regulations and standards.

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

ENCLOSURES

ID: nht88-3.44

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: ERIKA Z. JONES -- NHTSA

TO: STEVE ZLOTKIN -- OVERLAND PARTS, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 12/08/87 FROM STEVE ZLOTKIN TO ERIKA Z. JONES, OCC 137

TEXT: Dear Mr. Zlotkin:

This is in response to your letter seeking an interpretation of Standard No. 205, Glazing Materials (49 CFR @ 571.205). Specifically, your letter stated that your company would like to import some non-laminated windshields into the United States. I apo logize for the delay in our response. As explained below, your company is prohibited by Federal law from importing or selling this type of windshield because it does not comply with the requirements of Standard No. 205.

Standard No. 205 establishes performance and marking requirements for all glazing installed in motor vehicles. The standard incorporates by reference the requirements of Standard ANS z-26, "Safety Code for Safety Glazing Materials for Glazing Motor Vehi cles Operating on Land Highways," of the American National Standard Institute. Standard ANS Z-26 requires that glazing materials for windshields must pass a specified group of test requirements. ANS Z-26 specifies that glazing materials that comply wit h these test requirements for windshields must be marked AS-1. To date, the only glazing materials that have been marked AS-1 have been laminated safety glass. Unless your non-laminated windshields can meet the requirements for AS-1 glazing and are mar ked AS-1, they do not comply with the requirements for windshields specified in Standard ANS Z-26 or Standard No. 205. You also should be aware that Standard No. 205 permits glass-plastic glazing.

The importation and sale of noncomplying glazing would be a violation of the National Traffic and Motor Vehicle Safety Act ("Safety Act"), the statute under which Standard No. 205 was issued. Section 108(a)(1)(A) of the Safety Act provides:

No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any a pplicable Federal motor vehicle standard takes effect under this title unless it is in conformity with such standard...

Your letter set forth two interpretations of the law under which you suggested that your company might be able to import noncomplying windshields. Your first interpretation relied on the fact that these windshields can only be installed in vehicles that were manufactured between 1953 and 1967. Since Standard No. 205's requirements for windshields did not become effective until January 1, 1968, you suggested that the provisions of section 108(a)(1)(A) of the Safety Act might not apply, because no safet y standards were applicable to these vehicles. This suggestion is incorrect.

All windshields manufactured on or after January 1, 1968 must comply with the requirements of Standard No. 205, regardless of the year of manufacture of the vehicle on which the windshield is designed to be installed. In fact, safety standards relating to components such as brake hoses, lighting equipment, tires, glazing materials, seat belt assemblies, and wheel covers are applicable to components manufactured on or after January 1, 1968, even if those components are manufactured for motor vehicles ma nufactured before that date. In a January 16, 1987 interpretation letter to Mr. Peter Cameron-Nott (copy enclosed), the agency stated that the above listed component parts including glazing materials that were manufactured on or after January 1, 1968, w ould have to comply to the relevant safety standards (in the case of glazing, Standard No. 205) even though the underlying motor vehicle was a 1965 Jaguar.

Assuming that the non-laminated windshields that were the subject of your letter were in fact manufactured after January 1, 1968, Standard No. 205 applies to those windshields. As already noted, Section 108(a)(1)(A) of the Safety Act prohibits your comp any from importing any windshields that are subject to Standard No. 205 that do not comply with that standard.

Your second suggestion is that your company would be willing to place a sticker on these windshields to warn purchasers that the windshields do not comply with Standard No. 205. The Safety Act contains no exception to section 108(a)(1)(A)'s prohibition for noncomplying equipment, even if it were to be labeled as noncomplying. Hence, section 108(a)(1)(A) prohibits the importation of noncomplying windshields without regard to any warning labels on the windshields.

I hope this information is helpful.

ENCLOSURE

ID: nht88-3.45

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: NANCY F. MILLER -- US DEPARTMENT OF TRANSPORTATION

TO: BEVERLY B. BYRON -- U. S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/27/88 FROM ERIKA Z JONES TO BEVERLY B BYRON; REDBOOK A 32, STANDARD 205; LETTER DATED 08/25/88 FROM BEVERLY B BYRON T. NANCY MILLER; MEMORANDUM DATED 08/14/83 FROM C. RICHARD FRAVEL TO WHOM IT MAY CONCERN RE JOSEPH C IAMPA JR; MEMORANDUM DATED 08/04/88 FROM ARTHUR J. LOMART TO WHOM IT MAY CONCERN; LETTER DATED 08/01/88 FROM C.E. SHUE TO JOSEPH CIAMPA RE 0590630; LETTER DATED 08/24/88 FROM JOSEPH L. CIAMPA TO BEVERLY B. BYRON

TEXT: Dear Ms. Byron:

Thank you for your letter forwarding correspondence from your constitutent, Mr. Joseph L. Ciampa, Jr.

I have transmitted your inquiry to the appropriate Departmental officials who are familiar with this matter and they will respond to you directly.

I appreciate your contacting me and hope you will not hesitate to call if I can be of any further assistance.

ID: nht88-3.46

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: RUSSELL A. STORMS

TO: NAC EXECUTIVE DIRECTOR OFFICE OF TRAFFIC OPERATIONS FEDERAL HIGHWAY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/17/89 FROM STEPHEN P. WOOD -- NHTSA TO RUSSELL STORMS; REDBOOK A34; STANDARD 125; VSA 108[B]; LETTER DATED 09/23/88 FROM HARRY B. SKINNER -- DOT TO RUSSELL A. STORMS

TEXT: Dear Sir or Madam:

We are writing pursuant to Section IA-6 of the Manual on Uniform Traffic Control Devices to obtain recognition for a new device designed to warn motorists of a hazardous situation.

We have a patent pending on a multiple-sided emergency traffic warning marker that is designed to be employed by a motorist immediately prior to the employment of flares or other warning devices. The marker is basically a tetrahedral configuration, cont oured and proportioned to ensure a warning display to oncoming vehicles when the marker is placed on a roadway surface (drawing attached).

The marker is basically of a "bean bag" nature that is foldable and stackable for easy transportation and storage in the vehicle when not in use and which is of relatively low cost so that a plurality of markers may be economically carried and deployed b y the vehicle driver. It is seven (7) inches in height and made of reflective material.

The primary advantage of this marker is that it can be employed quickly in the event of an emergency by a motorist and is not of an incendiary nature and can be safely stored in the passenger compartment of a vehicle. It is our opinion that this particu lar marker affords a measure of protection not available by other products currently available and would represent an improvement in traffic safety.

In closing, if we intend to bring this product to market, it is our understanding that your organization is the appropriate forum for approval of this product. Please advise us of a proper course of action necessary to gain this approval.

Thank you for your help.

Sincerely,

[DRAWING OMITTED]

ID: nht88-3.47

TYPE: INTERPRETATION-NHTSA

DATE: SEPTEMBER 12, 1988

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: M. IWASE -- MGR., TECHNICAL ADMINISTRATION DEPT., KOITO MFG. CO., LTD. TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 4-9-90 TO M. IWASE FROM STEPHEN P. WOOD; (A35; STD. 108). ALSO ATTACHED TO LETTER DATED 10-18-89 TO ERIKA Z. JONES FROM M. IWASE AND LETTER DATED 4-8-88 TO ERIKA Z. JONES FROM M. IWASE. TEXT:

This is in reply to your letter of April 8, 1988, with respect to the agency's proposed S7.7.5.2 of Standard No. 108, on-vehicle aiming requirements which would include a Vehicle Headlamp Aiming Device (VHAD). This was proposed on December 29, 1987, as Notice 5 to Docket 85-15.

You have asked whether two designs contemplated by Koito comply with the VHAD as proposed. With respect to the second design, "Structure-2", you requested that it be considered confidential as it involves a Koito idea related to a patent application. However, you withdrew that request on June 9, 1988.

With respect to your two designs, you appear to have understood that the agency's intent in the proposal was to provide broad parameters for VHADs to afford manufacturers design freedom in meeting the specifications. Under S7.7.5.2 it is the headlamp system that "includes" a VHAD, rather than "incorporates' it. Under subsection (b)(7) photometric testing is provided for "The VHAD and headlamp assembly (if the headlamp is separable or intended to be used with the VHAD)...." This means that the VHAD may be integral with the headlamp assembly, or separate from it (though presumably provided with the vehicle as part of its original equipment), as fits the manufacturer's design. Each of your designs complies with the intent of S7.7.5.2; however, I must emphasize that this is only a proposal, and the form of a final requirement, if any, has not been determined.

We have further comments about your devices. Structure 1 incorporates a stationary lens and housing, but the reflector is adjustable. The lamp must be designed to conform to the photometric requirements of Standard No. 108 with the reflector in any position within the proposed aimability range of +/- 4 degrees vertical and +/- 2 1/2 degrees horizontal, or any combination thereof. Structure 2 features a detachable spirit level which is inserted when the replaceable bulb is removed from the headlamp. Although the proposal does not specifically prohibit this feature, the test procedures do not anticipate a VHAD design where the light source would be removed and replaced with the VHAD.

I hope that this answers your question.