ID: 8034

Mr. Daniel Cassese
28 Elva Road
N. Weymouth, MA 01291

Dear Mr. Cassese:

This responds to your letter of November 19, 1992. Your letter describes your invention called a "Head Rest Extension." You asked if this invention would comply with Federal Motor Vehicle Safety Standards Nos. 201, 202, and 208.

By way of background information, the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

NHTSA has exercised its authority to establish four safety standards which could be relevant to a head rest extension: Standard No. 201, Occupant Protection in Interior Impact, Standard No. 202, Head Restraints, Standard No. 208, Occupant Crash Protection, and Standard No. 302, Flammability of Interior Materials.

These four standards apply only to new vehicles, not to items of individual equipment. If the head rest extension were installed before the vehicle's first purchase for purposes other than resale, the vehicle would have to be certified as complying with all applicable standards, including these four, with the head rest extension installed. However, as you have explained in a phone conversation with Mary Versailles of my staff, your product is intended to be an item of after-market equipment.

After a vehicle's first purchase for purposes other than resale; i.e., the first retail sale of the vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note that the "render inoperative" prohibition does not require manufacturers, distributors, dealers, and repair businesses to certify that vehicles continue to comply with the safety standards after any aftermarket modifications are made. Instead, "render inoperative" prohibits those entities from performing aftermarket modifications that they know or should know will result in the vehicle no longer complying with the safety standards.

Please note also that the "render inoperative" prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your head rest extension in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.

You should also note that a head rest extension would be considered "motor vehicle equipment" within the meaning of the Safety Act. Therefore, if it contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, you would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge.

I have enclosed an information sheet for new manufacturers of motor vehicle equipment that briefly explains the responsibilities imposed on manufacturers, and tells how to get copies of the relevant laws and regulations.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure

ref:VSA#201#202#208#302 d.1/5/93

ID: 8042

Mr. J. C. Townley
Jay Townley & Associates
N1367 Southern Road
Lyndon Station, WI 53944-9708

Dear Mr. Townley:

This is in further response to your letter of November 24, 1992, asking for "an advisory opinion that the Yamaha Pedal Assisted Bicycle is not a 'motor vehicle' or 'motor driven cycle' within the meaning of the Safety Act and regulations promulgated thereunder." Previously, we had acknowledged your withdrawal of your request for confidentiality.

The Yamaha is "a bicycle equipped with a battery powered pedal assist system that engages when the system senses 'kicking' torque between 5 Kg and 50 Kg, such as when the bicycle is starting from a stop, or climbing hills." It is intended to facilitate standing starts in traffic, assist in climbing hills, and to "keep up the pace when a rider becomes fatigued while commuting, running an errand or exercising. The system is designed to engage when the driver is actively pedaling, and to disengage when the speed is less than 1.24 mph or more than 15 mph, when torque at the pedals is less than 11 lbs or more than 110 lbs, and when the braking system is activated. The photographs you have enclosed show, in all important respects, vehicles configured as conventional bicycles.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), defines a "motor vehicle," in pertinent part, as "any vehicle that is driven or drawn by mechanical power, manufactured primarily for use on the public streets, roads, and highways." (15 U.S.C. 1391(3)). On November 6, 1974, the Consumer Product Safety Commission asked the agency whether a "motorized bicycle" was a "motor vehicle" if it utilized mechanical power to propel it "only some of the time." NHTSA replied on December 6 of that year that it considered motorized bicycles to be motor vehicles subject to its jurisdiction (specifically classified as motor-driven cycles), and that it did "not find it relevant to the question of safety standards' applicability that a particular vehicle, fully equipped to operate as a motor vehicle within the meaning of our Act, may also have the capability of operating in some other mode." Earlier that year, the agency had rejected arguments by Peugeot and Motobecane on behalf of their "mopeds" that vehicles which produce no more than 1.5 horsepower deserved a categorization other than as motor-driven cycles (motorcycles developing 5 horsepower or less), but it did amend the motorcycle lighting and braking standards to modify performance requirements for motor-driven cycles with a top speed of 30 mph or less, and to allow placement of the rear brake control on the left handlebar. Subsequently, on October 28, 1976, NHTSA informed Ohio Bikes, Inc. that a bicycle, even if used, became a newly manufactured motor vehicle when an engine was attached to it.

At first blush, it might appear that this line of interpretations should lead to a conclusion that the Yamaha is a "motor vehicle." However, we believe there is a significant difference between the Yamaha pedal assisted bicycle and motorized bicycles and mopeds. The propulsion systems of the latter vehicles enable them to operate on power without pedaling. However, the power assist of the Yamaha disengages when torque at the pedals is less than 11 pounds, which means that the system will not operate on its own, in the absence of muscular effort.

NHTSA has also stated in many prior interpretations that vehicles that will regularly be used on the public roads will not be considered "motor vehicles" for purposes of the Safety Act, if the vehicles have an abnormal body configuration that readily distinguishes them from other highway vehicles and a maximum speed of 20 mph or less. While the Yamaha has a maximum speed of 20 mph or less, its body configuration does not distinguish it from motorized bicycles and mopeds. However, the vehicles that NHTSA addressed under this line of interpretations operated solely on power.

The Yamaha does not easily fit into our previous analyses concerning whether particular vehicles are considered "motor vehicles." After carefully considering the question, we have concluded that, in light of the combination of a low maximum speed while operating on power (the power of the Yamaha disengages when speed is more than 15 mph) and the fact that power is only provided if the operator is providing muscular effort (by continuously pedalling), the Yamaha is not a "motor vehicle" under the Safety Act. We note that, even with power assist, the operation of the Yamaha is essentially the same as that of a bicycle, i.e., the operator must pedal under the same circumstances as a traditional bicylist and the speed of the Yamaha does not differ from the speed of traditional bicycles.

Since the Yamaha is not a "motor vehicle," it is not subject to the jurisdiction of this agency. Vehicles that are not motor vehicles are subject to the regulations of the Consumer Product Safety Commission, and you should consult the Commission for further information as to whether there are regulations that the Yamaha must meet.

Sincerely,

John Womack Acting Chief Counsel

ref:102(3) d:2/16/93

ID: 8045

Air Mail
Mr. Guy Boudreault
340 7th Avenue, #1
Ile Perrot, P.Q. J7V 4T6
CANADA

Dear Mr. Boudreault:

This responds to your letter expressing concerns about certain working conditions that you have experienced as a driver of a commercial vehicle, and asking about rules and regulations that apply to the adjustment of brakes on commercial vehicles. I am pleased to have this opportunity to respond to you.

By way of background information, this agency, the National Highway Traffic Safety Administration, is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards applicable to new motor vehicles and motor vehicle equipment. We have issued a number of safety standards that apply to heavy vehicles, including ones on brakes and lighting. This agency does not have the authority to regulate the use of motor vehicles.

Your letter concerns in-service safety requirements for commercial vehicles and drivers, rather than safety requirements that apply to new motor vehicles. Within the U.S. Department of Transportation, the Federal Highway Administration, Office of Motor Carriers, has the authority to issue motor carrier safety regulations for interstate motor carriers and drivers. Ordinarily I would refer your letter to that agency; however, your letter indicates that you sent the same letter to the Office of Motor Carriers as you sent to this agency.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel ref:105#121 d.1/13/93

ID: 8047

Mr. Steve Flint
Century Products Co.
9600 Valley View Road
Macedonia, OH 44056-2096

Dear Mr. Flint:

This responds to your question about the registration form required by S5.8 of Standard 213, "Child Restraint Systems."

In telephone conversations with Deirdre Fujita of my staff, you indicated that your registration form would have certain characteristics. The form would be identical to the ones shown in figures 9a and 9b of Standard 213 and required by S5.8 of the standard, except that cards bearing additional information would be attached to it. The additional information consists of French and Spanish translations of the instructions shown in Figure 9a for filling out the registration form, and a French version of the registration form shown in Figure 9b.

You stated that the Spanish instructions are for the Spanish speaking population in the U.S. You also said that the French form is required by Canada for restraints sold there, and that attaching it to the U.S. (English) form facilitates your compliance with both U.S. and Canadian standards.

We conclude that as long as the English form complies with S5.8 and does not bear any information or writing beyond that required to be on the form, cards bearing the French and Spanish information may be attached to the English form if the information on those cards is presented in a manner that is not likely to confuse consumers in this country about the meaning of the English form or the importance of owner registration. As to whether the additional information is likely to cause confusion, we note the additional information consists solely of French and Spanish translations of the information on the English form. We note further that you indicated to Ms. Fujita that significant numbers of your consumers have been filling in and mailing the tri-lingual registration cards. This return rate indicates that the additional information has not confused the consumers.

We appreciate your recognition of the differing language needs of your customers. NHTSA has suggested to manufacturers that they should consider providing consumer instructions on the use of child restraints not only in English, but also in other languages, to address a possible need for such information. (See, denial of petition for rulemaking from Mr. Mattox, 55 FR 48262, November 20, 1990.)

Please note, however, that NHTSA wishes to maximize the return rates for the registration forms. If information arises that indicates the French and Spanish information is confusing consumers or otherwise negatively affecting return rates, the agency will reconsider whether such information should be permitted.

I hope this information is helpful. Please call Ms. Fujita at (202) 366-2992 if you have further questions.

Sincerely,

John Womack Acting Chief Counsel

ref:213 d:5/24/93

ID: 8049

Herr O. Schmidt
Hella KG Hueck & Co
Postfach 28 40
4780 Lippstadt
Germany

Dear Herr Schmidt:

This responds to your letter of November 20, 1992, to Richard L. Van Iderstine of this agency asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108. Please address your future requests for interpretation to the Chief Counsel.

You have asked for confirmation that the requirement that a center highmounted stop lamp "provide access for convenient replacement of the bulb without the use of special tools" does not exclude sealed lamps "where long life light sources like long life bulbs, LED's and neon tubes are provided."

We are pleased to provide the confirmation you request. Although the agency has used the term "the bulb", the term is not meant to exclude more than one bulb, or a light source other than a bulb, for the center lamp. Sealed units (entire lamps) are permissible as long as such a lamp is replaceable without the use of special tools.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:108 d.12/11/92

ID: 8054

Philip E. Stern, Esquire
Rand, Algeier, Tosti & Woodruff
Attorneys at Law
Courthouse Plaza
60 Washington Street
Morristown, NJ 07960

Dear Mr. Stern:

This responds to your letter of November 25, 1992, to this agency requesting information on placement of video cameras on school buses. You stated that you are the attorney for the Sussex Wantage Board of Education, a school district in Northern New Jersey, and that you are interested in speaking with other school districts that may use video cameras on their school buses.

This agency knows of no specific studies or tests that have been conducted on the use of video cameras in school buses from the standpoint of either motor vehicle or behavioral safety. With respect to the latter, this agency is also not aware of any data which would indicate any safety consequences resulting from passenger behavior on school buses. We have, however, had occasion recently to address the issue of the applicability of our Federal motor vehicle safety standards to the installation of "silent monitors" in school buses.

Please find enclosed, therefore, a copy of a November 17, 1992, letter of interpretation that we wrote to Ms. Shirley A. Stewart of Herndon, VA. Ms. Stewart explained that her company was installing "silent monitors," which she described as six- inch cubes of welded steel designed to hold video cameras, in school buses in Prince George's County, Maryland. Should you wish to discuss this issue with Prince George's County school officials, your point of contact would be Mr. David Lombardi, Transportation Director, Prince George's County Public Schools, 13300 Old Marlboro Pike, Upper Marlboro, MD 20702, (301) 952- 6570. Another possible source of information is Ms. Marsha Sailesbury, Consultant, Pupil Transportation, State Board of Education, 100 North First Street, Springfield, IL 63777; (217) 782-5256.

I hope this information will be helpful to you. Should you have any further questions, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure

cc: Mr. David Lombardi Transportation Director Prince George's County Public Schools 13300 Old Marlboro Pike Upper Marlboro, MD 20702

Ms. Marsha Sailesbury Consultant Pupil Transportation State Board of Education 100 North First Street Springfield, IL 63777 ref:221 d.12/28/92

ID: 8056

Mr. Allan Ferver
Product Manager
Waekon Industries, Inc.
100 South Walnut Street
Kennett Square, PA 19348

Dear Mr. Ferver:

This responds to your letter asking about how this agency's regulations would apply to a product which you call the "Universal Replacement Fuel Cap." You explained that this product is designed to replace lost fuel caps until the proper replacement can be obtained. I am pleased to have this opportunity to explain our regulations to you. I am also enclosing a copy of a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, under the National Traffic and Motor Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards.

There is currently no Federal Motor Vehicle Safety Standard that is directly applicable to a replacement fuel cap. Nevertheless, you should be aware of Safety Standard No. 301, Fuel System Integrity, which may be relevant to your product. Standard No. 301 applies only to new motor vehicles and specifies performance requirements that must be met by the fuel system as a whole following crash tests. The standard does not apply to individual components of a fuel system or to aftermarket equipment for use on fuel systems.

Although Standard No. 301 would not directly apply to a replacememt fuel cap, there are responsibilities under Federal law of which you should be aware. Manufacturers of motor vehicle equipment, which includes fuel caps, are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety.

In addition, there are prohibitions against certain modifications of new and used vehicles. Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a new or used motor vehicle in compliance with any applicable Federal Motor Vehicle Safety Standard. Therefore, no person in any of the aforementioned categories may place your fuel cap on a motor vehicle if by so doing the vehicle's compliance with Standard No. 301 were negatively affected. Whether your fuel cap could be installed on a vehicle by a person in one of those categories without taking the vehicle out of compliance with Standard No. 301 or any other applicable Federal safety standard is a determination that must be made by the entity making the installation.

Please note that the prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, a vehicle owner may install or remove any item of motor vehicle equipment regardless of its effect on compliance with the Federal safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment if the modification would degrade the vehicle's safety.

We suggest that you also contact the Environmental Protection Agency to see whether EPA has any type of emissions standard that might affect you as the manufacturer of a fuel cap. The general telephone number for EPA is (202) 382-2090.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:301 d.2/1/93

ID: 8067

Mr. Richard Langlais
Prelco Inc.
94 Boulevard Cartier
Riviere-Du-Loup
Quebec, Canada G5R-2M9

Dear Mr. Langlais:

This responds to your December 7, 1992, inquiry requesting information about the agency's requirements set forth in 49 CFR 551.45, Service of Process; Agents. In a November 26, 1991, letter to you, Ms. Kathleen DeMeter, NHTSA's Assistant Chief Counsel for General Law, sent you a letter explaining your responsibilities pursuant to 551.45. You now have some additional questions related to Ms. DeMeter's letter. I am pleased to have this opportunity to respond to your additional questions.

As our earlier letter explained, 551.45 sets forth this agency's requirements as they relate to the service of process on non-American manufacturers and importers. One such requirement provides that you must send a declaration of acceptance duly signed by the agent appointed and that agent must be a permanent resident of the United States. The agent may be an individual, a firm, or a U.S. corporation. You asked who could be appointed as your agent and whether we would recommend some agents or firms which specialize in this kind of service.

With respect to your first question, any individual, firm, or United States corporation may be an agent provided that it is a permanent resident of this country. With respect to your second question, this agency does not recommend or endorse entities which may serve as an agent. Nevertheless, the National Glass Association, a trade association whose members include automotive glass manufacturers, may be able to assist you. It is located at 8200 Greensboro Drive, Suite 302, McLean Va 22102, and its telephone number is (703) 442-4890.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:551#205 d:2/23/93

ID: 8069

Mr. Shafi J. Keisler
President
One More Run, Inc.
3657 Wildwood Road
Maryville, TN 37804

Dear Mr. Keisler:

This responds to your letter of November 24, 1992, with respect to the manufacture of a replacement taillamp lens for the 1966-67 Dodge Charger. You ask for "all safety standards information pertinent to the manufacture of this replacement lens", and inform us that you "will use only "current DOT and SAE safety approved material to build this item."

As Taylor Vinson explained to you, Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment was amended effective January 1, 1972, to apply to replacement lighting equipment for motor vehicles manufactured on and after that date (the standard had previously applied only to original equipment on passenger cars manufactured on and after January 1, 1969). This means that replacement taillamps designed specificially for the 1966-67 Dodge Charger have never been covered by a Federal motor vehicle safety standard.

Paragraph S5.1.2 of Standard No. 108 does require that plastic materials used for optical parts such as lenses conform to SAE Recommended Practice J576c, May 1970, with certain exceptions. Although this could be construed as requiring compliance of plastics used in any replacement taillamp lens, we do not interpret this as mandating compliance of plastic materials for a lens in a replacement lamp that is itself not subject to Standard No. 108. However, S5.1.2 is the Federal requirement that you would be obliged to meet were you manufacturing new or replacement taillamp lenses for contemporary motor vehicles. I enclose a copy of S5.1.2 and J576c for your information.

We appreciate your desire to meet current safety requirements. Sincerely,

Paul Jackson Rice Chief Counsel Enclosures ref:108 d.12/16/92

ID: 8073-1

Mr. Ron Marion
Sales Engineer
Thomas Built Buses, Inc.
P.O. Box 2450
1408 Courtesy Road
High Point, NC 27261

Dear Mr. Marion:

This responds to your letter asking whether there has been any consideration given to excluding "non-route-type" school buses from Standard No. 131's requirement that school buses be equipped with a stop signal arm. You stated that, as a manufacturer of school bus bodies, you are getting numerous questions regarding the installation of stop arms on school buses not used on route service. According to your letter, a number of schools across the U.S. purchase school buses, paint them a color other than yellow, and use them exclusively for athletic trips. You stated that these buses pick up at the school and travel to another school to unload, and do not make stops for loading or unloading along the way and in no way attempt to control traffic. You stated that the purchasers of these school buses are concerned about paying for stop arms which are never used.

As you know, Federal Motor Vehicle Safety Standard No. 131, School Bus Pedestrian Safety Devices, is a new Federal motor vehicle safety standard which requires all new school buses to be equipped with a stop signal arm. The purpose of the requirement is to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the bus.

To answer your specific question, this agency has not considered whether "non-route-type" school buses should be excluded from Standard No. 131's requirement for a stop signal arm. I note that this issue was not raised in the comments on our notice of proposed rulemaking.

We do appreciate the concern of a purchaser about paying for safety equipment that he or she believes will never be used. However, the limited information provided in your letter does not provide a basis for concluding that we should consider changing the standard.

We do not know how many school buses are used exclusively or primarily for "non-route-type" service, although we assume the number is small. Further, it would appear that there would be occasion to use stop signal arms for some school buses used for such service. For example, these safety devices might be used while loading and unloading students when the school bus is parked on a school driveway or a road near a school, if the school bus is used to transport students to activities at locations other than schools, or if the school bus is sometimes used as a replacement for out-of-service regular route school buses. I also note that, assuming that there is occasion to use stop signal arms for some school buses which are primarily used for non-route service, it is not clear how the agency would distinguish, for purposes of a regulation, which school buses should be excluded from the requirement for stop arms.

I hope this information is helpful.

Sincerely,

Barry Felrice Associate Administrator for Rulemaking

ref:131 d:3/3/93