Interpretation ID: 1983-1.5

TYPE: INTERPRETATION-NHTSA

DATE: 01/17/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSR INTERPRETATION

TEXT:

January 17, 1983 NOA-30

Mr. Akihiko Muraoka, Manager Nissan Motor Co., Ltd. P.O. Box 1606 560 Sylvan Avenue Englewood Cliffs, NJ 07632

Dear Mr. Muraoka:

This responds to your letter asking about the requirements of 49 CFR Part 581, Bumper Standard. Your letter indicated that Nissan is considering the installation of towing hooks on the bumpers of some future vehicles. You asked if Nissan would be permitted to remove the towing hook before conducting the test. Assuming that the towing hook is mounted on the bumper face bar, the answer to your question is that the towing hook must be removed if it is optional equipment but must not be removed if it is standard equipment. You also asked if a breakage or deformation of the towing hook as a result of the pendulum test would be regarded as a noncompliance with Part 581. The answer to that question is yes. These answers are discussed below at further length.

By way of background information, I would point out that this agency does not grant approval of motor vehicles or motor vehicle equipment. The following interpretation only represents the agency's opinion based on the information provided in your letter.

I will first deal with your question of whether the towing hook may be removed before testing. One of the test conditions specified by the standard is that "(t)railer hitches, license plate brackets, running lights, fog lamps, other optional equipment mounted on the bumper face bar and headlamp washers are removed from the vehicle." Section 581.6(a)(5). We interpret this section to mean (1) that all trailer hitches, license plate brackets and headlamp washers be removed from the vehicle and (2) that running lights, fog lamps and other equipment mounted on the bumper face bar be removed if and only if they are optional equipment. Thus, a towing hook should be removed only if it is mounted on the bumper face bar and is optional equipment.

(The current language of section 581.6(a)(5) became effective on July 6, 1982. Prior to that time, the section simply specified that "(t)railer hitches and license plate brackets are removed from the vehicle." As discussed in the preamble to the final rule, published in the Federal Register (47 FR 21820, 21828) on May 20, 1982, the purpose behind the change was to expand the specified equipment that should be removed. The agency did not intend any change in the requirement that all trailer hitches and license plate brackets be removed. The agency plans to make that point clear in an interpretive amendment.)

Your second question concerned whether a breakage or deformation of the towing hook as a result of the pendulum test would be regarded as a noncompliance with Part 581. This question would be applicable, of course, only where the towing hook is not removed, i.e., where it is standard equipment. Section 581.5(c)(8) requires that:

The exterior surfaces shall have no separations of surface materials, paint, polymeric coatings, or other covering materials from the surface to which they are bonded, and no permanent deviations from their original contour 30 minutes after completion of each pendulum and barrier impact, except where such damage occurs to the bumper face bar and the components and associated fasteners that directly attach the bumper face bar to the chassis frame.

Based on your drawing, the towing hook protrudes through the bumper and is therefore an exterior surface. Also based on the drawing, it is our interpretation that the towing hook is not a part of the bumper face bar or the components and associated fasteners that directly attach the bumper face bar to the chassis frame. The bumper face bar is defined in section 581.4 as "any component of the bumper system that contacts the impact ridge of the pendulum test device." It is our conclusion that the towing hook is not a component of the bumper system. It is therefore irrelevant whether contacts the impact ridge of the pendulum test device. Our conclusion is based on the apparent fact that the towing hook does not perform a load bearing function for the bumper system and is not associated with the bumper system's functions. Therefore, the towing hook does not come within the exception provided by section 581.5(c)(8) for damage to exterior surfaces, and breakage or deformation of the towing hook under the specified tests is prohibited.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

September 9, 1982 Ref: 82-158-S

Mr. Frank A. Berndt Chief Counsel National Highway Traffic Safety Administration Nassif Building Washington, D.C. 20590

Dear Mr. Berndt:

We sincerely request information concerning the Bumper Requirement: Part 581 of the Code of Federal Regulations in response to the following questions.

We are considering installing a towing hook on the bumper of a future Nissan vehicle model, as shown in the following drawings.

" Insert Diagram

We'd like to know if the towing hook is considered a part of "the exterior surfaces" indicated by Section 581.5(8) of the standard, and if a breakage or deformation of the towing hook as a result of the pendulum impact test would be regarded as noncompliance to the bumper requirement.

In addition, we'd like to know if we can conduct the pendulum test by first allowing the towing hook to be removed.

Thank you in advance for your immediate attention to our inquiry.

We are looking forward to receiving your response in the immediate future.

Very truly yours,

Akihiko Muraoka Manager Nissan Motor Co., Ltd.