ID: nht70-2.13

DATE: 06/18/70

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

TO: Capitol Tire Distributors

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 6, 1970, asking if you are violating the National Traffic and Motor Vehicle Safety Act, or, regulations issued pursuant to it, if you distribute tires marked seconds.

Neither the Act nor the regulations prohibit the sale of tires marked seconds. Manufacturers are required to certify that their product complies with Federal motor vehicle safety standards and do so by labeling each tire they they certify with the symbol "DOT". Tires that are certified by the manufacturer and marked "seconds" are not necessarily unsafe, as the "second" may be due to a cosmetic defect not affecting the tire's performance. In such cases, the distributor of the tire would not be in violation of the Act.

Sometimes a tire manufacturer will make a tire that he believes is defective in a way that affects the safety of the tire. Often, that manufacturer will mark the tire "farm use only" or "non-highway use" and then sell it. In such instances, he is supposed to remove the DOT symbol. Enclosed is a copy of a notice of proposed rulemaking dealing with this problem which may be of interest to you or your members.

Thank you for your interest in the motor vehicle safety program.

ID: nht70-2.14

DATE: 06/22/70

FROM: AUTHOR UNAVAILABLE; R.A. Diaz; NHTSA

TO: General Motors Technical Center

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 7, 1970, requesting approval of an equivalent test procedure for interior compartment doors, in place of those specified in S3.3.1(a) and (c) of Standard No. 201.

Since the phrase "approved equivalent test procedure" appeared in the initial Federal motor vehicle safety standards, the Bureau's position on this subject has undergone some clarification. The manufacturer's primary responsibility is to produce vehicles or equipment that, when tested according to the applicable standards, meet the stated requirements. Although a manufacturer is responsible for ensuring that his products meet all the requirements of the standards, there is nothing in the Act that requires a manufacturer to perform any predetermined series of tests. If a particular test is actually "equivalent" to the procedure described in the standard, in the sense that the test results can be accurately correlated to the standard's requirements, there is no need to request approval of the Bureau, and there would be no legal significance to the approval if given. Conversely, if the test is not equivalent, so that an item that "possed" the test might still fail to conform to the standard, the request would be actually for a lowering of the standard, which could not be done without rulemaking procedures. For this reason, we will not grant the approval in the form in which it was requested.

The procedure that you described does, however, appear to be a distinct improvement in the method of testing this aspect of performance. We intend to initiate rulemaking procedures directed at amending the standard to incorporate that test.

ID: nht70-2.15

DATE: 06/29/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: Cristales Inastillables de Mexico S.A.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 25, 1970, requesting the National Highway Safety Bureau's approval or comments on an Electrical Testing Laboratories Report No. 411430, concerning your CM-20 safety glazing material. The National Highway Safety Bureau does not approve or confirm whether specific motor vehicles or items of motor vehicle equipment comply with Federal standards. Under the National Traffic and Motor Vehicle Safety Act, the manufacturer of a motor vehicle or item of motor vehicle equipment bears the responsibility for ensuring that his product complies with applicable standards. Section 114 of the Act (15 U.S.C. @ 1402), furthermore, requires manufacturers to "certify" that their products comply with applicable standards, and specifies how this certification is to be accomplished. A notice published in the Federal Register on November 4, 1967, further explained how manufacturers of motor vehicle equipment may comply with this requirement. I enclose a copy of this notice and the aforementioned Act, with the appropriate sections marked for your information.

Federal Motor Vehicle Safety Standard No. 203 (S3.4) provides an additional method by which manufacturers of glazing materials for use in motor vehicles may certify that their products comply with that standard. This method may be used as a substitute for the methods specified in section 114 and the enclosed notice. It consists of labeling the glazing material with a label that meets the requirements of Section 6 of ASA Z.26.1-1966, "Marking of Safety Glazing Materials", but to which has been added the symbol "DOT", and a manufacturer's code number which assigned by the Bureau on request. The label which you furnish in the appendix to your ETL

Report No. 411430, provided the required "AS"-designation, glazing-model number, and assigned DOT code mark are at least 0.070 inch in height, will meet this requirement. Should you desire to certify your glazing in this manner, we will furnish you with a manufacturer's code number.

Although the Bureau does not furnish approvals of glazing materials, many states do require some form of approval before specific glazing material can be used in motor vehicles subject to their jurisdiction. For information regarding such approvals and assistance in obtaining them I suggest you write to the American Association of Motor Vehicle Administrators, Attention: Mr. Armand Cardarelli, Suite 500, 1828 L Streets N.W., Washington, D.C. 20036.

In addition, as a manufacturer of motor vehicle equipment for importation into the United States, you are required by section 110(e) of the Act (15 U.S.C. @ 1399(a)) to designate an agent for service of process purposes. The designation must conform to regulations governing its making (49 CFR 551.45), and I enclose a copy also with appropriate sections marked for your reference.

ID: nht70-2.16

DATE: 07/15/70

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

TO: Transelex Corporation

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of July 1 you refer to your superflash 1000 as "device which simply extends the power-handling capability of a conventional thermal flasher which must be used in conjunction with it (to provide its timing) in order to operate". You ask whether this device "could be used in OEM vehicles without meeting any SAE or DOT requirements."

This will confirm that Federal Motor Vehicle Safety Standard No. 108 (Lamps, Reflective Devices, and Associated Equipment) does not specify requirements for an auxiliary device such as the superflash 1000, and that it can "be used in OEM vehicles without meeting any SAE or DOT requirements, provided that the thermal flasher used with it" meets standard No. 108. The Superflash 1000, however, would be subject to regulation by the States.

ID: nht70-2.17

DATE: 07/21/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Mr. James Deifster

TITLE: FMVSS INTERPRETATION

TEXT: Your request for information on requirements for camper manufacturers has been referred to this office for reply. The information we have received states that you are a manufacturer of campers, selling them to dealers, and also installing them on trucks.

The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. @(Illegible Word) et seq., (copy enclosed) requires manufacturers of motor vehicles and motor vehicle equipment to manufacture their products so that they comply, and to "certify" that they comply, with applicable Federal motor vehicle safety standards. Camper bodies for both slide-in and chassis-mount camper installation are items of motor vehicle equipment and must comply with Federal Motor Vehicle Safety Standard No. 205, will be certified by their manufacturer that they comply with the standard. I enclose a copy of the standard and the regulations governing certification for your information, Standard No. 205 incorporates by reference the USA Standard(Illegible Words) "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways." This USAS standard can be obtained for a small fee from the USA Standards Institute, 10 East 40th Street, New York, N.Y. 10016.

If you install slide-in camper bodies on pick-up trucks only, you are not subject to additional requirements. However, if you install chassis-mount camper bodies onto truck chassis, you are in addition to being a manufacturer of motor vehicle equipment, a manufacturer of motor vehicles, specifically, multipurpose passenger vehicles, and are required to comply with regulations and standards applicable to manufacturers of multipurpose passenger vehicles. Copies of these requirements, which have been promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 and codified in Chapter 5 (formerly Chapter 3) of Title 49, Code of Federal Regulations, are available from the Government Printing Office, Washington, D. C. 20402, under the title Federal Motor Vehicle Safety Standards. The price is $ 8.00, which includes a subscription for one year to receive copies of amendments.

Because of the relative length and complexity of these requirements, it is difficult to summarize them for you here. Many trade associations have familiarized themselves with them in order to assist their membership in complying with them. If after studying the materials you have specific questions concerning their application to you, we will be pleased to answer them.

I have also enclosed a mailing list questionnaire. If you will complete and return it to the address indicated thereon, you will receive future notices pertaining to those areas you have marked.

ENCLOSURES

ID: nht70-2.18

DATE: 08/11/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: University of Michigan Law School

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of June 22, 1970, concerning the Cyromatic Safety Control, together with a copy of the July 1, 1970, reply sent by Mr.(Illegible Word) Weinberger, Chairman of the Federal Trade Commission, has been referred to my office for reply.

The National Highway Safety Bureau does not have the facilities for testing or investigating specific devices or designs. However, the(Illegible Word) on Winter(Illegible Words) of the National Safety Council has completed an(Illegible Words) of the type mentioned in your letter. I am enclosing for your information a copy of the National Safety Council report on this evaluation.

In brief, the conclusion of the Committee were that there were no significant differences in the performance of the test vehicles whether the device was stated and operable, rendered inoperable, or removed from the vehicles. The only test results considered significant involved a high(Illegible Words) on dry pavement where the device increased(Illegible Words) of the test vehicles by a substantial amount, thus effecting their handling performance adversely.

It is felt that sufficient date is available in the National Safety Council Committee on(Illegible Words) evaluation to warrant investigation on the(Illegible Words) on the Federal Trade Commission, concerning possible misleading advertising on the part of manufacturers of this type of device. Consequently, we have contacted, Mr. Weinberger directly concerning the(Illegible Words).

ID: nht70-2.19

DATE: 05/26/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: Oliver and Sons Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 25, 1970, to the National Highway Safety Bureau, that has been referred to this office, in which you enclose certification labels you are(Illegible Word) using to fulfill the requirement of Section 118 of the National Traffic and Motor Vehicle Safety Act of 1966. Your letter did not reach me until now, and I apologize for delay in responding.

You really did not comply enough information for us to properly evaluate your situation. You state that you are a distributor of truck bodies, but you as not say whether you install the bodies yourself.

If you do, in fact assemble a truck body to a chassis-cab, you are considered to be a manufacturer under the Act. As the statutory manufacturer of the vehicle, you are required to certify that the completed assemblage meets all the standards in effect on the date of manufacture of the chassis-cab.

The primary responsibility for conformity of the chassis-cab, however, falls on the manufacturer of it (generally a major automotive manufacturer and under the regulations, that manufacturer is required to affix a label to the chassis-cab listing the standards to which it conforms. Under Section 108(b)(2) of the Act, such a certification protects subsequent persons in the chain of distribution from liability for nonconformity of which they have no knowledge. Thus, they body assembler to directly responsible for comformity of the finished vehicle with (1) any applicable standards to which the chassis-cab manufacturer was not certified, and (2) any other standards conformity to which is affected by what the(Illegible Word) door to the vehicle, his certification must be for all standards, in the language specified in the certification regulations;(Illegible Word) he can rely on the chassis-cab manufacturer's label for the standard it covers, as(Illegible Word) as he does not know of any nonconformity.

The(Illegible Word) being used on your labels does not fulfill the requirements of the certification regulations that becomes effective as to(Illegible Word)(Illegible Word) after August 11, 1969 (49 C.F.R. 367).

A truck body is not a motor vehicle within the meaning of the Act and the regulations, and therefore is not covered by the present certification regulations. Although it is motor vehicle equipment such equipment is only required by the Act to be certified where there is a safety standard applicable to it or to equipment, such as glazing, that is part of it. When the body is assembled to the chassis, the completed vehicle must be certified in accordance with the certification regulations, as explained above.

It is not clear what you mean by the phrase "modification label." You may be referring to Section 367.6 of the certification regulations, which is intended for the use of distributors who alter a previously certified vehicle that has been completed by another manufacturer. In any event, the nonenclosure does not meet the requirements of the section.

We are enclosing the following publications:

The National Traffic and Motor Vehicle Safety Act of 1966.

The Certification Regulations (49 C.F.R. Part 367).

A sample certification label.

A publication having to do with the availability of the latest edition of Federal Motor Vehicle Safety Standards and Regulations.

Mailing List Questionnaire.

A new proposal having to do with vehicles manufactured in two or more stages (35 F.R. 4639 through 4641).

Please cobalt a copy of your label that has been revised to fulfill the requirements.

We trust this will clarify the situation for you. We will be pleased to answer any additional questions that you might have.

ENCLOSURES

ID: nht70-2.2

DATE: 04/09/70

FROM: AUTHOR UNAVAILABLE; R. A. Diaz; NHTSA

TO: Toyo Kogyo Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 2, 1979, to Mr. Clue D. Ferguson, concerning an interpretation of Federal Motor Vehicle Safety Standard No. 111.

In your letter you indicated that the mirror, as mounted in the vehicle, cannot be hit at a 45 degrees angle by a 6.5 inch head form because of the geometric arrangement in your automobile. In this case we would accept the maximum(Illegible Words) Form. We must point out, however, that the test also includes any other angle from the one you describe down to a 45 degrees angle under this horizontal(Illegible Word) S3.1.2.3 of standard No. 111).

Please note that this interpretation is intended to provide(Illegible Line)(Illegible Line)(Illegible Words) a given item of equipment meets applicable Federal motor vehicle safety standards and he must certify to that effect.

ID: nht70-2.20

DATE: 08/11/70

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Bruce Duncan Company Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 20, 1970, in which you request a ruling as to whether the Honda ATV is subject to the Federal Motor Vehicle Safety Standards and Regulations promulgated as a result of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act).

The descriptive literature furnished with your letter states that, "the machine looks to be street legal," and shows that the vehicle has lighting equipment. Therefore, the Honds ATV, as described, appears to be a "motor vehicle" within the meaning of Section 102(3) of the Act, and specifically a "motorcycle" as defined in 49 CFR 571.3(b). Motorcycle means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

We trust this will clarify the situation for you. We will be pleased to answer any additional questions that you might have.

ID: nht70-2.21

DATE: 08/11/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: Recreational Vehicle Institute Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 23, 1970, in which you asked for the Bureau's interpretation of the phrase, "designated seating position that includes the windshield header within the head impact area."

The phrases "designated seating position" and "head impact area" are both defined in the general Definitions section of the standards, 49 CFR 571.3. The remaining substantive phrase, "windshield header," is not defined in the standards. It is intended to refer to the portion of the interior of the vehicle immediately above the top of the windshield, usually but not necessarily a strip of molding separating the glass from the interior roof.