Interpretation ID: nht92-3.7

DATE: 10/26/92

FROM: KENNETH W. WEBSTER II -- PROJECT ENGINEER, TRANSPORTATION RESEARCH CENTER, INC.

TO: PAUL JACKSON RICE -- OFFICE OF CHIEF COUNCIL, NHTSA

ATTACHMT: ATTACHED TO LETTER DATED 12-24-92 FROM PAUL J. RICE TO KENNETH W. WEBSTER II (A40; STD. 124)

TEXT: Thank you for your response concerning the FMVSS 114. We appreciate the time an efforts of the Chief Council to reach a decision concerning the letters we have mailed recently. This correspondence should be the our last request for the present time.

This correspondence is a request for clarification of CFR Title 49, Part 571.124, Paragraph S5 (FMVSS 124, "Accelerator Control Systems"). The Transportation Research Center Inc. (TRC) has performed the FMVSS 124 tests on passenger cars at the lowest extreme temperature of -40 degrees F. In some cases it becomes very difficult or impossible to start a test vehicle after a 12 hour soak at -40 degrees F. Paragraph S5 specifies that the engine must be running under any load condition during the test performance. If all cold starting improvements have been incorporated but the engine will not start at the -40 degrees F test condition, which of the following would be correct:

(1) Test with engine not running at the -40 degrees F test condition.

(2) Raise temperature until engine will start. Record test temperature and perform test.

If number one is correct, does the vehicle fail if the time is greater than the requirement even though the vehicle meets the requirement at a slightly higher temperature with the engine running?

If number two is correct, what would be the allowable low temperature range in which the vehicle must be started and tested to check compliance?

If neither is correct, please indicate proper measures that must be taken in this situation. A manufacturer has indicated that the "due care" clause is not an acceptable explanation of actions to take in this case.

Please provide TRC a response in writing, regarding the Chief Council's position. If you have any questions or require further information before you can determine a position, please contact the undersigned at (513) 666-2011. We thank you in advance for your expeditious reply.