ID: aiam3311

Dear Ms. Zinn: This responds to your recent letter asking whether an assembler o automotive seating would be responsible for defects in the metal frames used in the seats. Apparently, you purchase metal frames from a supplier and then pad and cover them as vehicle seats.; The National Highway Traffic Safety Administration issues safet standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment pursuant to authority of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381, *et seq.*.). There are two safety standards directly applicable to vehicle seating, Standard No. 207, *Seating Systems*, and Standard No. 302, *Flammability of Interior Materials*. However, both of these standards apply only to completed vehicles and are, therefore, the responsibility of the vehicle manufacturer, not a supplier such as your company.; In addition to the Federal safety standards, manufacturers of moto vehicles and motor vehicle equipment are responsible for any defects in their products which affect motor vehicle safety. Under 49, Code of Federal Regulations, Part 579.5, the vehicle manufacturer is responsible for any safety-related defect determined to exist in the vehicle or in any item of original equipment, including the original seats. Each manufacturer of an item of replacement equipment is responsible for any safety-related defect in that equipment. Therefore, if you are selling your seats to a vehicle manufacturer, that manufacturer would be responsible for the seats. If, however, you are selling the seats as aftermarket equipment, you would be responsible for their safety. This means you would have to recall the equipment and remedy free of charge any defect relating to motor vehicle safety. If the defect resulted from faulty frames, you could still be held responsible for the seat under Federal law, since you would be considered the manufacturer. You will have to contact a private attorney to determine whether you would then have a right of action against the manufacturer of the seat frames.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam2392

Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS1381 *et seq*.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modification you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam0602

Dear Mr. Ishii: This is in reply to your letter of January 14, 1972, in which you as whether the vibrating paper cone of a cone-type radio speaker is required to meet the performance requirements of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You also ask whether the answer to this question depends upon whether the radio, although factory installed, is optional or standard equipment.; The relevant language of the standard as it is presently worded, i whether the cone is 'an interior material . . . designed to absorb energy on contact by occupants in the event of a crash' (S4.1). Whether or not the cone is within this language depends upon whether in fact it has been designed by the manufacturer for the stated purpose. It is of no consequence, further, whether the radio is standard or optional, if it is installed at the factory or before sale to the consumer. I would add that NHTSA presently has the above quoted language of S4.1 under review, and may modify it in future rulemaking which we expect to issue shortly.; In a conversation of February 4, 1972, it was indicated to Michae Peskoe of my staff that you had additional questions regarding the standard which you would submit to us in writing. You mentioned particularly whether a steering wheel would be subject to the standard. The answer, as in the case of the cone, is whether the manufacturer has designed it to be an energy-absorbing component.; We regret the delay in answering your letter, however, it was ou understanding that you would submit the aforementioned additional questions to us, and we would respond at that time to your letter of January 14. We have not received this additional correspondence from you.; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0916

Dear Mr. Pomeroy: This is in response to your letter of November 3, 1972, to our Regiona Administrator, Region IX, San Francisco, California office concerning the test procedures of Federal Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.'; You state that in the test procedure described in paragraph S5.3, yo see 'no room for the bunsen burner to stand' when a carpet specimen 14 inches long is in the center 'of all inside dimensions of the box.' The source of your interpretive difficulty with respect to the test procedure appears to be your assumption that the carpet specimen should be placed in the center 'of all inside dimensions' of the test cabinet. The test procedure only specifies that the specimen be mounted 'in a horizontal position, in the center of the cabinet.'; The standard does not specify a particular means for positioning th bunsen burner tube or for positioning the test specimen above the top of the burner tube, because there are a variety of satisfactory means used for this purpose. The specimen holder should be in the center of the cabinet with the closed end contacting the end of the cabinet.; Since the bunsen burner is used with the air inlet shutoff, it is i effect a 3/8 inch inside diameter tube with a metering valve. There is no reason why such a device, without the bunsen burner base, may not be permanently mounted inside the cabinet for convenience.; You also ask whether bottled propane gas can be substituted for natura gas. The answer to this question is that your choice of what gas to use is a matter within your own discretion. The standard simply specifies that for our compliance testing, the gas supplied to the burner will have 'a flame temperature equivalent to that of natural gas.'; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: aiam3647

Dear Mr. Nakaya: This responds to your letter asking about the definition of occupan compartment air space for purposes of determining the application of Standard No. 302, *Flammability of Interior Materials*. You asked whether the cargo areas of two cars must comply with the standard if these areas always or sometimes open into the occupant compartment.; The term 'occupant compartment air space' is defined in the standard a 'the space within the occupant compartment that normally contains refreshable air.' In previous interpretations regarding the applicability of the standard to a particular area of a vehicle, the question has turned upon whether people can and do ride in the area in question. In letters regarding vans, the agency has taken the position that the space to the rear of the rearmost seat was not part of the occupant compartment. The reasoning underlying those interpretations was that that area was not typically occupied by passengers. However, the agency came to a different conclusion regarding the space behind the rear seat in station wagons. Since passengers can and do ride in that area, the agency concluded that it was part of the occupant compartment. For this interpretation, see the last page of the enclosed letter.; The Case I car in your letter presents a situation seemingly similar t that of station wagons. The Case I car appears to be a liftback car with a cargo carrying area behind the rear seat. If passengers can ride in the area behind the rear seat, then that area would be part of the occupant compartment and would be subject to the standard. As to the Case II car, which appears to be a sedan with internal access to the trunk by means of the folding backs of the rear seats, the agency does not regard the trunk area as part of the occupant compartment. It does not appear from your diagrams that people would ride in that area.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam0529

Dear Mr. Nagle: This is in reply to your letter of October 28, 1971, requesting a interpretation of paragraph S4.3 of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You ask whether cotton seat padding or jute used on the backing of automobile carpets, when prepared as a test specimen of 1/2-inch thickness as prescribed by the standard, will comply with paragraph S4.3 if it transmits a flamefront across its surface at a rate of more than 4 inches per minute but stops burning in 10 to 20 seconds, and the material does not burn more than 2 inches from the point where timing was started.; On December 18, 1971, you indicated in a phone conversation wit Michael Peskoe of the Office of the Chief Counsel that your letter did not take into account a 'flashing' of the flame across a particular surface of the cotton seat padding for more than 2 inches. You stated that this surface is a tufted surface that is created only when the seat padding, which has a thickness of 4 inches in the vehicle, is cut or separated to the half-inch thickness specified in the procedure of S5.2.1 of the standard.; We consider the 'flashing' of the flame across the tufted surface o the material to be a burning of the material under S4.3 of the standard, and as it did occur for more than 2 inches from the point where timing was started, the material would not comply with paragraph S4.3.; We recognize, however, that the failure of the material to meet th requirements in this case results from the fact that the surface of the material changes because of the test procedure, and we are presently considering possible changes in the standard to alter this result.; Sincerely, Richard B. Dyson, Assistant Chief Counsel

ID: nht92-2.48

DATE: 11/03/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: G. THOMAS OWENS -- SENIOR ENGINEERING REPRESENTATIVE, AETNA

ATTACHMT: ATTACHED TO LETTER DATED 9-9-92 FROM G. THOMAS OWENS TO OFFICE OF THE CHIEF COUNSEL, NHTSA (OCC 7764)

TEXT: This responds to your letter requesting information regarding the legal aspects of school bus safety standards. Specifically, you requested a book or pamphlet containing the requested information.

By way of background information, under the provisions of the National "Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381 et seq. (Safety Act), the National Highway Traffic Safety Administration (NHTSA) is authorized to promulgate Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, in order to reduce the number of fatalities and injuries that result from motor vehicle crashes. In 1974 Congress enacted the Motor Vehicle and Schoolbus Safety Amendments of 1974 which, by amending section 121 of the Safety Act, directed the issuance of motor vehicle safety standards on specific aspects of school bus safety, applicable to all school buses. Those standards became effective on April 1, 1977 and are included, along with the rest of the agency's safety standards, in 49 CFR Part 571.

The Safety Act defines a school bus as a vehicle that "is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools." NHTSA further defines a school bus as a motor vehicle designed for carrying eleven or more persons, including the driver, and sold for transporting students to and from school or school-related events. See 49 CFR 571.3.

It is a violation of Federal law for any person knowingly to sell as a school bus any new vehicle that does not comply with all applicable Federal school bus safety standards. On the other hand, once a vehicle has been sold to the first purchaser for purposes other than resale, it may be used to transport school children without violating Federal law, even though it may not comply with Federal school bus safety standards. That is because individual states have the authority to regulate the use of vehicles. Therefore, to ascertain whether one may use noncomplying vehicles to transport school children, one must look to state law. It is this agency's position that vehicles meeting Federal school bus safety standards are the safest way to transport school children.

Please find enclosed a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Specifically, the following standards include requirements for school buses:

Standards 101 through 104;

Standards 105 (school buses with hydraulic brakes)

Standards 106 through 108; Standards 111 through 113;

Standard 115;

Standard 116 (school buses with hydraulic service brakes);

Standards 119 and 120;

Standard 121 (school buses with air brakes);

Standard 124;

Standard 131 (effective September 1, 1992);

Standards 201 through 204 (school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less);

Standard 205;

Standards 207 through 210;

Standard 212 (school buses with GVWR of 10,000 pounds or less);

Standard 217;

Standard 219 (school buses with GVWR of 10,000 pounds or less);

Standard 220;

Standard 221 (school buses with GVWR greater than 10,000 pounds);

Standard 222;

Standards 301 and 302.

Some of the above-listed standards have unique requirements for school buses, including, but not necessarily limited to, Standards 105, 108, 111, 217, and 301. Other standards are applicable only to school buses, such as Standards 131, 220, 221, and 222. Standard 131 was promulgated on May 3, 1991 and may be found at 56 Federal Register 20370. It requires all school buses manufactured after September 1, 1992, to be equipped with stop signal arms. Standard 220 establishes requirements for school bus rollover protection. Standard 221 establishes strength requirements for school bus body panel joints. Standard 222 establishes minimum crash protection levels for occupants of school buses. Under the provisions of Standard 222, small school buses, that is those with a GVWR of 10,000 pounds or less, must be equipped with lap belts. For large school buses, those with a GVWR greater than 10,000 pounds, the standard requires occupant protection through "compartmentalization," a concept which calls for strong, well-padded, well-anchored, high-backed, evenly spaced seats.

Should you wish copies of our safety standards, I am enclosing for your information a fact sheet prepared by this office entitled Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have further questions in this regard, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992.

ID: aiam5366

"Dear Mr. Benford: This responds to your request for an interpretatio of Federal Motor Vehicle Safety Standard (FMVSS) No. 211, Wheel nuts, wheel discs and hub caps. You wrote that your company manufactures aluminum wheel covers without 'protruding objects.' You requested confirmation that the wheel covers do not violate any FMVSS. Our response is provided below. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles, or of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturers of motor vehicle equipment to ensure that its equipment meet applicable requirements. The following represents our opinion based on the facts provided in your letter. Standard No. 211 regulates wheel nuts, wheel discs, and hub caps. Since 'wheel discs' encompasses wheel covers, your company's wheel covers are subject to Standard No. 211. S4. Requirements of Standard No. 211 states in part: As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections ... In your letter, you stated that your wheel covers do not have any 'protruding objects.' Since Standard No. 211 prohibits wheel discs (covers) with 'winged projections,' if your company's wheel covers do not incorporate 'winged projections,' the wheel covers would satisfy Standard No. 211. 'Winged projection' is defined at S3.2 of Standard No. 211 as an exposed cantilevered appendage that projects radially from a wheel disc and that typically has front, edge, and/or rear surfaces which are not in contact with the wheel when the wheel disc is installed on the axle. You also asked whether wheel covers made of aluminum violate any FMVSS. The answer is no, because Standard No. 211 does not specify materials for use in wheel covers. However, since wheel covers are 'motor vehicle equipment,' your company must ensure that the wheel covers are free of safety-related defects under the Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that your company or NHTSA determines that the wheel covers have a safety-related defect, your company would be responsible for notifying purchasers of the defective wheel covers and remedying the problem free of charge. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam5334

"Dear Mr. Hulshof: This responds to your letter to Mr. Patrick Boy requesting a written interpretation concerning whether your sunroof would meet the requirements of Federal Motor Vehicle Safety Standard No. 118, 'Power-Operated Window, Partition, and Roof Panel Systems.' I apologize for the delay in responding. By way of background, 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 gives assurances of compliance of any product. 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 are subject to the findings of actual compliance testing by the agency. Should the agency, in the future, examine your product and detect an apparent noncompliance or defect, those results will control. You explain in your letter that your power-operated sunroof (which is a power operated 'roof panel system' under Standard 118) can be closed only in four circumstances. In three of these, the ignition key must be activated. In the fourth, the sunroof can be closed when there is 'Continuous operation of Central close mechanism, not capable sic closing the roof panel from a distance of more than 6 meters from the vehicle.' Standard 118 requires sunroofs other than those that have an automatic reversing feature to close only in certain circumstances. One of those (S4(a)) is when the key controlling the vehicle's engine is in the activated (i.e. 'on', 'start' or 'accessory') position. The three circumstances you described where the ignition key must be activated to operate the sunroof appear to satisfy S4(a). With regard to the fourth circumstance, Standard 118 also permits sunroofs to close 'Upon continuous activation of a remote actuation device, provided that the...device shall be incapable of closing the sunroof from a distance of more than 6 meters from the vehicle' (S4(d)). The circumstance you described appears to satisfy S4(d). Your sunroof will close only upon continuous operation of a 'Central close mechanism,' and the mechanism is incapable of closing the sunroof from a distance of more than 6 meters from the vehicle. I hope this information has been helpful. If you have any further questions, please contact Mr. David Elias of my office at the above address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam2394

Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1381 *et seq*.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale. Under these provisions, you are responsible for the compliance of any vehicle that you modify up to and including the time of first purchase for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modifications you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel