NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam0604OpenMr. K. Nakajima, Director/General Manager, Toyota Motor Sales, U.S.A., Inc., Factory Representative Office, Lyndhurst Office Park, 1099 Wall Street West, Lyndhurst, NJ, 07071; Mr. K. Nakajima Director/General Manager Toyota Motor Sales U.S.A. Inc. Factory Representative Office Lyndhurst Office Park 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This is in reply to your letter of February 3, 1972, regarding th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to certain vehicle components which you enumerate.; You state that you do not consider the 'steering column tube cover' an the 'steering column cover' to be of 'any other materials . . . designed to absorb energy on contact by occupants in the event of a crash' in S4.1, and that it is your understanding that they are therefore excluded from the application of the standard. If these components are not in fact designed to be energy absorbing then your conclusion is correct.; You also ask whether the center console or air conditioner grilles ar required to comply with the standard. The answer again depends upon whether they are within the above quoted language of S4.1. I point out that the NHTSA is presently reviewing this particular requirement, and it may be modified in rulemaking which we expect to publish in the near future.; Finally, you ask for the specific meaning of the term 'trim panels' a used in S4.1. The phrase 'all trim panels, including door, front, rear, and side panels,' is intended to refer to various rigid or semirigid interior coverings, such as door, scuff, and other covering panels, which appear on the front, sides, and rear of the occupant compartment of motor vehicles.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0690OpenMr. J. Hunter, Deputy Group Chief Technologist, British Vita Company Limited, Middleton, Manchester, England; Mr. J. Hunter Deputy Group Chief Technologist British Vita Company Limited Middleton Manchester England; Dear Mr. Hunter: This is in reply to your letter of April 14, 1972, requesting a interpretation as to how 'Cavitex Latex Foam' should be tested for conformity to Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You enclose two drawings illustrating this material, which show that the 14 x 4-inch specimen will contain cavities running from the underside of the material to within 1/2- inch from the top surface of the material. You ask whether the sample to be used for testing pursuant to S5.2.1 of the standard should be cut from the top or bottom of the specimen, and which side of the sample should be exposed to the flame. Your letter indicates that the side of the cushion containing the cavity openings faces the floor of the vehicle, and a continuous flat surface faces the occupant compartment.; We will consider you to have followed the test procedure of S5. of th standard if the 1/2- inch thick test sample is cut from that part of the material nearest to the occupant compartment, and if the surface of that sample exposed to the flame is that which is also closest to the occupant compartment. According to your drawings, you should therefore test a specimen cut from the 'upper face' of the material with the flat surface of that specimen exposed to the flame in the test cabinet.; We thank you for your compliments. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3500OpenMr. G. R. Dufresne, Assistant Vice President, Textile Services Division, United States Testing Company, Inc., 14415 Park Avenue, Hoboken, NJ 07030; Mr. G. R. Dufresne Assistant Vice President Textile Services Division United States Testing Company Inc. 14415 Park Avenue Hoboken NJ 07030; Dear Mr. Dufresne: This responds to your July 24, 1981, letter directed to our Office o Enforcement in which you ask whether it would be permissible to test for compliance with Standard No. 302, *Flammability of Interior Materials*, in a manner different than that prescribed in the standard. The standard states that a 14-inch long section of material shall be burned in a test oven until the flame reaches within 1 1/2 inches from the end of the material. You state that for some fabrics this requires a test that can extend to 10 minutes. In a test of this length, the test oven can cause the glass front of the oven to break. You suggest that the test be discontinued after five minutes, and the burn rate calculated.; The test requirements of the standard are provided to show how th agency will test for compliance. However, it is not compulsory that a manufacturer adhere to every facet of the test procedures if it can satisfy itself that its product will comply with the standard by testing in another manner. As you know, the standard requires only that the burn rate of a material not exceed four inches per minutes. A 14-inch long section of material that has not burned completely to its end in five minutes obviously would not exceed the 4-inch per minutes burn rate. Accordingly, we do not see any reason that you could not terminate the test five minutes after the starting point specified in paragraph S5.3(e) of the standard.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0771OpenMr. Keitaro Nakajima, Director/General Manager, Toyota Motor Sales, U.S.A., Inc., Factory Representative Office, Lyndhurst Office Park, 1099 Wall Street, West, Lyndhurst, NJ, 07071; Mr. Keitaro Nakajima Director/General Manager Toyota Motor Sales U.S.A. Inc. Factory Representative Office Lyndhurst Office Park 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This is in reply to your letter of June 19, 1972, concerning th application of Standard No. 302, 'Flammability of Interior Materials,' to a pocket which is attached to a front seat back. You ask whether, under S4.2 of the standard, the upper portion of the sample will be tested as an assembly, as this is the manner in which it appears in the vehicle. The upper portion of the sample consists of one material folded over itself, with an adhesion process joining the folded segments at points approximately 3/4 inch apart, across the length of the material. An elastic band is inserted in the fold of the material. The configuration is actually representative of two materials, therefore, with an elastic between them.; Paragraph S4.2 of the standard provides that surface materials i assemblies such as this are tested separately, unless bonded, sewed, or mechanically attached to underlying material (S4.2(a)). The reference to 'bonded, sewed, or mechanically attached' is intended to refer to materials joined uniformly by these methods, at their adjoining surfaces. The adhesion process you have used does not join the materials in this fashion, as there is a significant amount of area where the materials are not joined at all. Consequently, we would not test the assembly in the manner in which it appears in the vehicle, but would treat the material as separate material.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0772OpenMr. O. Yamauchi, Manager, Export Sales Department, Mitsubishi Motors Corporation, 33-8, 5-Chome, Shiba, Minato-Ku, Tokyo, Japan; Mr. O. Yamauchi Manager Export Sales Department Mitsubishi Motors Corporation 33-8 5-Chome Shiba Minato-Ku Tokyo Japan; Dear Mr. Yamauchi: This is in replay to your letter of June 7, 1972, concerning whethe thin transparent polyethylene covers used to protect the inside of vehicles until delivery are subject to the requirements of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You indicate that the material does not conform to the requirements of the standard, and ask whether you may nonetheless utilize it if you place a label in the vehicle directing that the cover be removed before the car is delivered to the customer.; Whether the material must meet the requirements of the standard depend upon the likelihood that it will be retained as a protective cover by the purchaser. If it is installed in a manner that promotes its use by purchasers, we would consider it to be part of any component which it covers, and subject to the standard when used to cover those components enumerated in S4.1 of the standard. Manufacturers must therefore take appropriate steps to see that it is not so used. The use of a label that states that the material must be removed before delivery to a purchaser is one step a manufacturer might take. We believe the manufacturer should also install the material in such a way that purchasers will not wish to use it as a protective covering. If these steps are taken the NHTSA would not consider the material to be required to comply with the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5328OpenMr. Perry McGlothan Quality Assurance Test Specialist Century Products Company 9600 Valley View Road Macedonia, OH 44056; Mr. Perry McGlothan Quality Assurance Test Specialist Century Products Company 9600 Valley View Road Macedonia OH 44056; Dear Mr. McGlothan: This responds to your letter to me about the hea impact protection and protrusion limitation requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. We received under separate cover the three child seats you sent for illustration purposes, samples of Models 4560, 4590 and the STE 1000. You discuss in your letter a new method you would like to use to attach the head impact protection foam to the child restraint shell. The foam would be attached to the shell by means of two push-in pins, each 1/2 inch in length and with a 3/4 inch diameter head, as distinguished from the padding being glued to the shell as in the past. You stated that this change would better secure the foam padding to the shell and help your manufacturing process. You asked us whether the new method would meet the head impact protection requirement of S5.2.3 (for restraints recommended for children weighing less than 20 pounds) and the protrusion limitations of S5.2.4. As you know, the National Traffic and Motor Vehicle Safety Act establishes a self-certification system under which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. We do not approve, endorse, or give assurances of compliance of any product. NHTSA may examine the manufacturer's certification in the course of any enforcement action. In response to manufacturers' requests for interpretations of the FMVSS's, we try, to the extent possible, to provide information that will help them make their determinations of compliance. However, these responses are based on information provided by the manufacturer, and is subject to the findings of actual compliance testing by the agency. Should the agency, in the future, examine production units of these models and detect an apparent noncompliance or defect, those results will control. You first inquire, 'Please advise as to compression deflection,' which we understand as asking whether S5.2.3.2 would permit you to secure the foam with the pins. S5.2.3.2 states that each system surface, except for protrusions that comply with S5.2.4, which is contactable by a dummy head must be covered with slow recovery, energy absorbing material with specified characteristics. As explained in the next paragraph, the pins we examined appear to satisfy S5.2.4. Further, the pins might not be contactable by the dummy head in Standard 213's dynamic test. However, whether they are contactable can only be determined in the standard's dynamic test. S5.2.4 requires that any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to S5.2.3 shall meet specified limits on height and radius of exposed edge. Based on our visual inspection, the pins we saw appear to be within those limits. Again, however, the Vehicle Safety Act places the responsibility for determining compliance in the first instance on you, the manufacturer of the child restraint. We still have the three seats that you sent us. We plan to dispose of them unless we hear from you. I hope this information is helpful to you. Should you have any further questions or need further information, please feel free to contact Walter Myers of this office at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam5329OpenMr. Perry McGlothan Quality Assurance Test Specialist Century Products Company 9600 Valley View Road Macedonia, OH 44056; Mr. Perry McGlothan Quality Assurance Test Specialist Century Products Company 9600 Valley View Road Macedonia OH 44056; Dear Mr. McGlothan: This responds to your letter to me about the hea impact protection and protrusion limitation requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. We received under separate cover the three child seats you sent for illustration purposes, samples of Models 4560, 4590 and the STE 1000. You discuss in your letter a new method you would like to use to attach the head impact protection foam to the child restraint shell. The foam would be attached to the shell by means of two push-in pins, each 1/2 inch in length and with a 3/4 inch diameter head, as distinguished from the padding being glued to the shell as in the past. You stated that this change would better secure the foam padding to the shell and help your manufacturing process. You asked us whether the new method would meet the head impact protection requirement of S5.2.3 (for restraints recommended for children weighing less than 20 pounds) and the protrusion limitations of S5.2.4. As you know, the National Traffic and Motor Vehicle Safety Act establishes a self-certification system under which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. We do not approve, endorse, or give assurances of compliance of any product. NHTSA may examine the manufacturer's certification in the course of any enforcement action. In response to manufacturers' requests for interpretations of the FMVSS's, we try, to the extent possible, to provide information that will help them make their determinations of compliance. However, these responses are based on information provided by the manufacturer, and is subject to the findings of actual compliance testing by the agency. Should the agency, in the future, examine production units of these models and detect an apparent noncompliance or defect, those results will control. You first inquire, 'Please advise as to compression deflection,' which we understand as asking whether S5.2.3.2 would permit you to secure the foam with the pins. S5.2.3.2 states that each system surface, except for protrusions that comply with S5.2.4, which is contactable by a dummy head must be covered with slow recovery, energy absorbing material with specified characteristics. As explained in the next paragraph, the pins we examined appear to satisfy S5.2.4. Further, the pins might not be contactable by the dummy head in Standard 213's dynamic test. However, whether they are contactable can only be determined in the standard's dynamic test. S5.2.4 requires that any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to S5.2.3 shall meet specified limits on height and radius of exposed edge. Based on our visual inspection, the pins we saw appear to be within those limits. Again, however, the Vehicle Safety Act places the responsibility for determining compliance in the first instance on you, the manufacturer of the child restraint. We still have the three seats that you sent us. We plan to dispose of them unless we hear from you. I hope this information is helpful to you. Should you have any further questions or need further information, please feel free to contact Walter Myers of this office at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam4686OpenMr. Malcolm B. Mathieson Vice President, Engineering Thomas Built Buses, Inc. P.O. Box 2450 High Point, NC 27261; Mr. Malcolm B. Mathieson Vice President Engineering Thomas Built Buses Inc. P.O. Box 2450 High Point NC 27261; Dear Mr. Mathieson: This responds to your letter to former Chie Counsel Erika Jones concerning the application of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release to school buses. I apologize for the delay in responding to your inquiry. Your letter expressed concern about a recent opinion from the Federal Highway Administration (FHWA) which states that school buses used in interstate commerce and thus subject to FHWA's Federal Motor Carrier Safety Regulations (FMCSR's) are required by the FMCSR's to comply with the provisions in Standard No. 217 applicable to buses other than school buses. Your letter included copies of a recent letter from Thomas Buses to FHWA on this issue, as well past interpretations by FHWA and this agency. As you are aware, Standard No. 217 contains specific emergency exit requirements for school buses, as well as requirements for other buses. As noted in your letter to FHWA, and in our past interpretations, including the July 5, 1984 letter to Ron Marion that you enclosed, it is NHTSA's position that all buses sold as school buses must comply with the school bus requirements in Standard No. 217. We recognize that this position may conflict with FHWA's interpretation of their regulations, and we are seeking resolution of this issue with FHWA to resolve any inconsistencies between the FMVSS's and the FMCSR's. I hope you have found this information helpful. Please do not hesitate to contact this office if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam5514OpenThe Honorable Tillie K. Fowler Member, U.S. House of Representatives 4452 Hendricks Avenue Jacksonville, FL 32207; The Honorable Tillie K. Fowler Member U.S. House of Representatives 4452 Hendricks Avenue Jacksonville FL 32207; "Your Reference: 95-0167-J Dear Congresswoman Fowler: Thank you fo your letter on behalf of your constituent, Mr. Dail Taylor of St. Augustine, Florida. Mr. Taylor requested assistance, stating that his company would have to stop manufacturing passenger motor vehicles if the vehicles must meet the Federal Motor Vehicle Safety Standards (FMVSSs). I appreciate the concerns of Mr. Taylor as a small businessman and offer the following information. In order to protect motorists and their passengers, a Federal statute requires the National Highway Traffic Safety Administration to issue FMVSSs regulating motor vehicles and motor vehicle equipment. Mr. Taylor's company, Goodlife Motor Company, wrote to NHTSA asking whether their 'super golf cars' were motor vehicles and therefore subject to the FMVSSs. NHTSA's Chief Counsel responded by letter that the answer was 'yes'. We were informed that the 'super golf cars' are intended for use on public roads. NHTSA has two criteria for determining whether a vehicle that regularly uses the public roads is considered to be a 'motor vehicle.' A vehicle is not a motor vehicle if it meets both of the following criteria: the vehicle has an abnormal configuration distinguishing it from other vehicles, and the vehicle cannot attain speeds over 20 miles per hour (mph). The 'super golf cars' do not meet either criterion. We have determined that because the vehicles resemble passenger cars, they do not have an abnormal configuration. As to speed, we note that the top speed of the vehicles, 29 mph, is approximately the speed at which NHTSA conducts crash tests to see whether vehicles meet certain safety standards. It is also a speed at which vehicle occupants can readily suffer serious or even fatal injuries in a crash. We note further that older adults are more susceptible than younger adults to injury in motor vehicle crashes. This is particularly important since we understand that one of the primary expected uses of the 'super golf car' is in retirement communities. As motor vehicles, the 'super golf cars' must meet the FMVSS. As the president of a small business, Mr. Taylor has a number of compliance options. First, he can comply with the current safety standards. I appreciate that the costs of compliance would be significant. Second, Mr. Taylor may petition NHTSA to initiate rulemaking to amend the current safety standards to accommodate any special compliance problems that a small car might experience. NHTSA has authority to establish different levels of requirements for vehicles of different sizes. However, it lacks the authority to vary the stringency of requirements based on the size of a vehicle manufacturer. Third, NHTSA has authority to grant temporary exemptions to small manufacturers. Mr. Taylor may petition for a temporary exemption from one or more of the safety standards. However, as we explained to Mr. Taylor, temporary exemptions are primarily granted as an interim measure to give small manufacturers a chance to come into compliance. Further, the exemptions are typically given for only a select number of the standards applicable to an exempted vehicle. Across-the-board exemptions from all standards have not been granted. Mr. Taylor may himself prepare and submit any petition. We have enclosed copies of our regulations regarding petitions for rulemaking and petitions for exemption. If Mr. Taylor has any questions or needs further information on how to proceed under any of the three options discussed above, we will gladly provide assistance. Please ask him to contact Taylor Vinson at (202)366-2992. Sincerely, Carol Stroebel, Director Intergovernmental Affairs Enclosures"; |
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ID: aiam5513OpenThe Honorable Tillie K. Fowler Member, U.S. House of Representatives 4452 Hendricks Avenue Jacksonville, FL 32207; The Honorable Tillie K. Fowler Member U.S. House of Representatives 4452 Hendricks Avenue Jacksonville FL 32207; "Your Reference: 95-0167-J Dear Congresswoman Fowler: Thank you fo your letter on behalf of your constituent, Mr. Dail Taylor of St. Augustine, Florida. Mr. Taylor requested assistance, stating that his company would have to stop manufacturing passenger motor vehicles if the vehicles must meet the Federal Motor Vehicle Safety Standards (FMVSSs). I appreciate the concerns of Mr. Taylor as a small businessman and offer the following information. In order to protect motorists and their passengers, a Federal statute requires the National Highway Traffic Safety Administration to issue FMVSSs regulating motor vehicles and motor vehicle equipment. Mr. Taylor's company, Goodlife Motor Company, wrote to NHTSA asking whether their 'super golf cars' were motor vehicles and therefore subject to the FMVSSs. NHTSA's Chief Counsel responded by letter that the answer was 'yes'. We were informed that the 'super golf cars' are intended for use on public roads. NHTSA has two criteria for determining whether a vehicle that regularly uses the public roads is considered to be a 'motor vehicle.' A vehicle is not a motor vehicle if it meets both of the following criteria: the vehicle has an abnormal configuration distinguishing it from other vehicles, and the vehicle cannot attain speeds over 20 miles per hour (mph). The 'super golf cars' do not meet either criterion. We have determined that because the vehicles resemble passenger cars, they do not have an abnormal configuration. As to speed, we note that the top speed of the vehicles, 29 mph, is approximately the speed at which NHTSA conducts crash tests to see whether vehicles meet certain safety standards. It is also a speed at which vehicle occupants can readily suffer serious or even fatal injuries in a crash. We note further that older adults are more susceptible than younger adults to injury in motor vehicle crashes. This is particularly important since we understand that one of the primary expected uses of the 'super golf car' is in retirement communities. As motor vehicles, the 'super golf cars' must meet the FMVSS. As the president of a small business, Mr. Taylor has a number of compliance options. First, he can comply with the current safety standards. I appreciate that the costs of compliance would be significant. Second, Mr. Taylor may petition NHTSA to initiate rulemaking to amend the current safety standards to accommodate any special compliance problems that a small car might experience. NHTSA has authority to establish different levels of requirements for vehicles of different sizes. However, it lacks the authority to vary the stringency of requirements based on the size of a vehicle manufacturer. Third, NHTSA has authority to grant temporary exemptions to small manufacturers. Mr. Taylor may petition for a temporary exemption from one or more of the safety standards. However, as we explained to Mr. Taylor, temporary exemptions are primarily granted as an interim measure to give small manufacturers a chance to come into compliance. Further, the exemptions are typically given for only a select number of the standards applicable to an exempted vehicle. Across-the-board exemptions from all standards have not been granted. Mr. Taylor may himself prepare and submit any petition. We have enclosed copies of our regulations regarding petitions for rulemaking and petitions for exemption. If Mr. Taylor has any questions or needs further information on how to proceed under any of the three options discussed above, we will gladly provide assistance. Please ask him to contact Taylor Vinson at (202)366-2992. Sincerely, Carol Stroebel, Director Intergovernmental Affairs Enclosures"; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.