Interpretation ID: nht91-5.4

DATE: July 22, 1991

FROM: Ernest Wolf -- President, Sky-Top Sunroofs, Ltd.

TO: Legal Counsel -- NHTSA

TITLE: FMVSS-118, Power Windows

ATTACHMT: Attached to letter dated 9-9-91 from Paul Jackson Rice to Ernest Wolf (A38; Std. 118)

TEXT:

This request for interpretation and opinion is submitted by the International Sunroof Institute (ISI), which I represent as the chairman of the Legislative Issues Subcommittee of the Technical Committee. ISI is an organization of approximately one dozen companies engaged in the manufacture and/or import/distribution of 'open air products' for the U.S. automotive market. ISI is incorporated as a non-profit organization in the Commonwealth of Virginia. Open air products include pop-out sunroofs, manual sliding and/or venting sunroofs, electric sliding and/or venting sunroofs, and manual or electric spoiler roof panels.

This request is being submitted specifically with the concurrence of those ISI member companies involved with power operated sunroofs, which will be covered by the FMVSS 118 rules as published in the April 16, 1991 issue of the Federal Register. The identities of these companies and the signatures of their representatives (via FAX communication) are shown on the attached Addendum.

Our request is for clarification of the applicability of the automatic reversing requirement when a one-time activated closing panel meets a resistive force of 22 lbs (10 kg or 100 Newtons) or more (ref Para. 571:118 Section 5(a)), with such applicability being related to operator location.

The background commentary preceding the proposed amended Standard No. 118, as published in the above cited reference, pages 15290-15295, and the amended rules proposed for implementation September 1, 1992, refer specifically to EXTERNAL key and non-key locking systems and to REMOTE control systems where continuous device activation is required to operate a power operated window system. Section 4(c) and Section 4(d) address exterior or remote activation devices; Section 5 specifically addresses one-time activation of EXTERIOR (a.1) or REMOTE (a.2) devices, or continuous activation from a distance of more than 20 feet (a.3). The reversing requirement by a force of 22 lbs or more relates only to these exterior or remote situations. That these were the singular focus and intention of this new rulemaking also becomes apparent when reading prior NHTSA publications and internal memos (e.g., B. Felrice to P. J. Rice, dated 10/16/90).

Therefore, it appears evident to us that the amended Standard No. 118 does not preclude roof panel closing by one-time activation of an internally positioned activator (switch) within a vehicle by an operator seated within that vehicle.

Legal Counsel is requested to provide an interpretation of the proposed rules relating specifically to the one-time activation of a sunroof panel

from the open to the closed mode (express close from open) by a vehicle operator, seated within the vehicle under either the Section 4(a) or Section 4(e) circumstances.

We respectfully submit that the proposed rules, as written, do not prohibit one-time activation for the closing of a power operated sunroof panel by a vehicle operator acting within 118 Section 4(a) or Section 4(e), and that the reversing pressure limitation in Section 5(a) does not apply to such a situation. The Legal Counsel's interpretation and opinion is sought at the earliest possible time.

ADDENDUM TO JULY 1, 1991 LETTER FROM ISI TO LEGAL COUNSEL, NHTSA

The undersigned members of ISI (International Sunrool Institute) concur with the request for interpretation and opinion contained in referenced letter relating to FMVSS-118, Power Windows:

ASC Incorporated Skylite Sunroofs and Automotive One Sunroof Center Accessories, Inc. Southgate, Mi 489195 (Formerly C&C Inc.) 12500 E. Grand River Brighton, MI 48116

(Signature omitted) John Marcozzi, Director, Phillip Edwards, President Direct Sales and Secretary of ISI and ISI President

Donmar Enterprises, Inc. Webasto Sunroofs, Inc. 7980 Bayberry Road 2655 Product Drive Jacksonville, FL 32256-7410 Rochester Hills, MI 48063

(Signature omitted) (Signature omitted) Kal Levinson, President Mike Thibideau, Aftermarket and ISI Treasurer General Manager and ISI Vice President

Farmont Limited Partnership 350 East Douglas Road Oldsmar, FL 34677

Michael Winzkowski, Partner and ISI Member