NHTSA's Interpretation Files Search
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ID: aiam3279OpenMr. Hisakazu Murakami, Technical Representative, Nissan Motor Co., Ltd., P.O. Box 57105, Washington, DC 20037; Mr. Hisakazu Murakami Technical Representative Nissan Motor Co. Ltd. P.O. Box 57105 Washington DC 20037; Dear Mr. Murakami: This responds to your recent letter requesting an interpretatio concerning folding jump seats you intend to install in some future van models that your company manufactures. You ask whether the seats would qualify as 'designated seating positions', for purposes of the Federal motor vehicle safety standards. The term 'designated seating position' is defined in 49 CFR Part 571.3 as:; >>>any plan view location capable of accommodating a person at least a large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, *except for auxiliary seating accommodations such as temporary or folding jump seats* . . . . (emphasis added).; << |
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ID: aiam1244OpenMr. Keitaro Nakajima, Director/General Manager, Toyota Motors Sales, U.S.A., Inc., 1099 Wall Street, West, Lyndhurst, NJ 07071; Mr. Keitaro Nakajima Director/General Manager Toyota Motors Sales U.S.A. Inc. 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This is in reply to your letter of August 24, 1973, concerning Toyota' use of a clip to prevent the shoulder belt from rubbing the occupant's neck. Your questions are (1) whether a clip of this type is permitted by Standard No. 208 and (2) whether the clip would be considered a part of the anchorage under Standard No. 210.; Your description of the clip indicates that it does not restrict th free travel of the webbing. The clip would therefore not inhibit the ability of the belt to adjust automatically to fit the occupant, as required by S7.1.1 of Standard No. 208. It is our opinion that such a clip is permitted by Standard No. 208.; We have also concluded that a plastic guide clip designed so as not t affect the basic geometry of the belt during a crash is not a seat belt anchorage for purposes of Standard No. 210. The clip you describe would therefore not be required to meet the strength of location requirements of that Standard.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3783OpenMr. William R. Fink, President, Isis Imports, Ltd., P.O. Box 2290, US Custom House, San Francisco, CA 94126; Mr. William R. Fink President Isis Imports Ltd. P.O. Box 2290 US Custom House San Francisco CA 94126; CERTIFIED MAIL--RETURN RECEIPT REQUESTED Dear Mr. Fink: This is in response to your letter of October 21, 1983 requestin confidential treatment for information which was submitted to the National Highway Traffic Safety Administration (NHTSA) with statements of compliance and which pertained to vehicles imported by Isis Imports, Ltd. into the United States. In telephone conversations with Heidi Lewis Coleman of my staff, you indicated that you had no object to the release of HS Forms 189. You requested, however, that submitted drawings, diagrams, specifications and photographs showing the methods and extent of modifications made to Morgan vehicles be treated confidentially by this agency. After carefully reviewing the submitted materials and your justifications I have decided to grant your request in part and deny it in part.; All submitted materials will be afforded confidential treatment wit the exception of the photographs. NHTSA does not believe that their release will cause substantial harm to Isis Imports. In order to determine whether release of information will cause such harm, courts consider 'how valuable the information will be to the requesting competitors and how much this gain will damage the submitter.' *Worthington Compressors, Inc. v. Costle*, 662 F. 2d 45, 51 (D.C. Cir. 1981).; You indicate that a presumption has been established by 49 CFR Part 51 with respect to blueprints and engineering drawings containing process of production data where the subject could not be manufactured without the blueprints or engineering drawings except after significant reverse engineering. This case determination, however, pertains only to blueprints and engineering drawings, it cannot be interpreted to apply to photographs. Additionally, release of the photographs will not be very valuable to the requesting competitor, and will therefore not cause substantial harm to Isis Imports. Since accompanying diagrams, text and other information will remain confidential, significant reverse engineering will still be required to determine the methods and extent of modifications necessary to bring Morgan vehicles into compliance with Federal standards.; If you wish to submit additional justification explaining why Isis i entitled to confidential treatment for the photographs you must do so within 10 days of your receipt of this letter. At the end of that period, they will be made publicly available. I will notify appropriate agency personnel of this decision, and they will treat your submissions accordingly.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4046OpenMr. Rolf Seiferheld, Service & Technical, Bitter Automobile of America, Inc., 401 Willowbrook Lane, West Chester, PA 19380; Mr. Rolf Seiferheld Service & Technical Bitter Automobile of America Inc. 401 Willowbrook Lane West Chester PA 19380; Dear Mr. Seiferheld: This responds to your letter asking about 49 CFR Part 581, *Bumpe Standard*. We apologize for the delay in our response. You stated that you are considering integrating fog-taillight assemblies in the rear bumper of a car and asked about relevant requirements. You noted in your letter that section S4.1.3 of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) states that '(n)o additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard.' You stated that this paragraph seems to be relevant but that it is unclear to you.; Both Part 581, *Bumper Standard*, and Safety Standard No. 108, *Lamp Reflective Devices, and Associated Equipment*, are relevant to the location of fog-taillamp assemblies in the rear bumper. Fog lamps are lighting devices that are not covered by Standard No. 108. Therefore two questions must be asked: are they permissible, and if so, may they be combined with items of lighting equipment required by Standard No. 108. Under section S4.1.3, quoted above, fog lamps are permissible provided that they do not impair the effectiveness of the lighting equipment that the standard requires. In this instance, the question cannot be answered without reference to whether its combination with the taillamp is permitted, for from the photo and drawing submitted, both appear combined in a single housing incorporating, we assume, one filament for each function. Both lamps are 'position lamps', indicating the present of the vehicle in the roadway ahead to a driver who is following behind. The fog lamp is intended to be activated under extreme conditions of reduced visibility, and hence, would appear to increase the effectiveness of the taillamp rather than impair it. Section S4.4 of Standard No. 108 prohibits combining taillamps only with clearance lamps (not required lighting equipment for passenger cars), and thus combining the taillamp and fog lamp functions are permissible. Section S4.3.1.1 of the standard specifies, among other things, that no part of the vehicle may prevent a taillamp from meeting its photometric output at specified test points. Further, a taillamp located in the bumper must also meet the visibility requirements of SAE Standard J585e *Tail Lamps (Rear Position Lamps)*, September 1977, incorporated by reference in Standard No. 108. Pursuant to Paragraph 4 of J585e taillamps must be visible through a horizontal angle from 45 degrees to the left to 45 degrees to the right, to be considered visible, the lamp must provide an unobstructed projected illuminated area of outer lens surface (excluding reflex), not less than 2 square inches measured at 45 degrees to the longitudinal axis of the vehicle.; Finally, Part 581 *Bumper Standard* specifies requirements for th impact resistance of vehicles in low speed front and rear collisions. Vehicles must be capable of meeting certain damage criteria, following specified test impacts. Among other things, lamps must be free of cracks and comply with applicable visibility requirements of section S4.3.1.1 of Standard No. 108 following the impacts.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam2891OpenMr. John B. Van de North, Jr., Briggs and Morgan, 2200 First National Bank Building, Saint Paul, MN 55101; Mr. John B. Van de North Jr. Briggs and Morgan 2200 First National Bank Building Saint Paul MN 55101; Dear Mr. Van de North: This responds to your October 9, 1978, letter asking several question concerning the modification and use of vans as school buses.; First, you ask whether your client may purchase a van that transport fewer than 10 passengers, and add passenger seating to it without complying with the school bus safety standards. The answer to your question is yes. The National Highway Traffic Safety Administration regulates the manufacture of motor vehicles. Further, the agency prohibits manufacturers, dealers, repair businesses or distributors from subsequently rendering inoperative compliance of a motor vehicle with the safety standards. However, the agency does not regulate modifications made by vehicle owners on their own vehicles.; Second, you ask whether buses manufactured after April 1, 1977, whic were purchased to transport handicapped adults or other adults can subsequently be used to transport children to and from school even though the buses do not comply with the requirements. The answer to this question is the same as the answer to your first question. The agency regulates only the manufacture and initial sale of these vehicles and does not control the use of used vehicles.; Finally, you ask whether your client may purchase a 15 passenge vehicle and subsequently modify it in such a manner that it carries fewer than 10 passengers without complying with the school bus safety standards. Since the school bus safety standards apply only to vehicles carrying 10 or more passengers, a vehicle carrying fewer than 10 passengers is not required to comply with the requirements.; Although the Federal government's regulations do not prohibit th modifications that you propose in your letter, there are several other considerations of which your client should be made aware.; First, although your modifications do not fall within our authority, i the case of your first and second questions the vehicles may fall within a State's definition of school bus and should comply with the school bus safety standards. Some States will not permit the registration of vehicles for school bus use if those vehicles should comply with the safety standards and do not.; Therefore, you should check the appropriate State office to ensure tha the vehicles you intend to modify can be used under existing State law. Second, there is a potential for increased private tort liability for accidents occurring in vehicles that should comply with safety standards but do not.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4768OpenMr. Tony Llama President Davenport Enterprises 4705 Granada Boulevard Coral Gables, FL 33146; Mr. Tony Llama President Davenport Enterprises 4705 Granada Boulevard Coral Gables FL 33146; Dear Mr. Llama: This is in reply to your letter of June ll, l990, wit respect to the allowability of a temporary importation of a vehicle from Panama that does not comply with Federal motor vehicle safety standards. Specifically, the vehicle is a 'van' manufactured in the Soviet Union. Its Panamanian owner has requested that your company design and install a dual air conditioning unit for the vehicle. Once you have built and installed the unit, the van will be returned to Panama for evaluation and testing. You anticipate that the van will be in the United States for at least 90 days. After our review of this matter, we have determined that it would be appropriate for you to enter the van pursuant to the provisions of 49 CFR 591.5(j), under the declaration that the vehicle is being imported solely for the purpose of research, investigations, studies, or demonstrations. This declaration appears as Box 7 on the HS-7 importation form under which the vehicle will enter the United States. If you have any further questions, we shall be happy to answer them. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam1090OpenMr. Huck Knight, Hyland Manufacturing, Inc. 220 First Street, P.O. Box R, Carlisle, IA 50047; Mr. Huck Knight Hyland Manufacturing Inc. 220 First Street P.O. Box R Carlisle IA 50047; Dear Mr. Knight: This is in response to your letter of March 30, 1973, in which yo asked whether the date a vehicle is completed, with reference to the date of manufacture placed on the vehicle certification label, is the date a vehicle comes off the 'main production line' or the date it comes out of the 'final finish production area'.; On this question we are willing, in light of the wide variety o possible factual situations, to let a manufacturer use his own discretion within reasonable limits. As you have described your situation, either date may be used, up to the point where the last physical operations are completed. The 'final quality control checkout', however, would appear to be an operation taking place after the manufacture as we normally understand it is completed.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4292OpenThe Honorable Jim Bates, United States House of Representatives, 430 Davidson Street, Suite A, Chula Vista, CA 92010; The Honorable Jim Bates United States House of Representatives 430 Davidson Street Suite A Chula Vista CA 92010; Dear Mr. Bates: This responds to your letter on behalf of a constituent, Tatar Osman Mr. Osman was interested in learning how to get an 'approval' for a child seat. According to advertising literature you enclosed with your letter, this child seat complies with the European ECE Regulations.; In enforcing its safety standards, this agency does not follow th European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the National Traffic and Motor Vehicle Safety Act, the manufacturer *itself* must certify that each of its items of motor vehicle equipment fully satisfies all requirements of the applicable Federal motor vehicle standards. In the case of child seats, every child restraint system for use in motor vehicles that is sold in or imported into the United States must be certified as complying with Federal Motor Vehicle Safety Standard No. 213, *Child Restraint Systems* (49 CFR S571.213) (copy enclosed). This standard sets forth both performance and labeling requirements that must be satisfied by the child restraint system.; Further, this agency does not require that the manufacturer' certification be based on a specified number of tests of the child restraint system or any tests at all. Pursuant to the Vehicle Safety Act, we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint system complies with Standard No. 213. We would certainly recommend, however, that a manufacturer selling its child restraint systems in the United States for the first time tests those systems according to the test procedures specified in Standard No. 213. Once the manufacturer has determined that its child restraint system complies with the requirements of Standard No. 213, it certifies that compliance by placing a certification label on the child restraint, as specified in section S5.5 of Standard No. 213.; There are two additional regulations you should bring to the attentio of your constituent in the event he plans to import these child restraints into the United States. Copies of both these regulations are enclosed for your information. The first is 49 CFR Part 566, *Manufacturer Identification*. This regulation requires a manufacturer (including importer) of motor vehicle equipment to submit its name, address, and a brief description of the equipment it manufacturers (or imports) to this agency within 30 days of the date the child restraints are first manufactured (imported into the United States).; The second regulation is 49 CFR Part 551, *Procedural Rules*. Sectio 551.45 requires the actual manufacturer of foreign-manufactured child restraints to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. It is not necessary for an importer located within this country to designate its own agent as well. Part 551 specifies that the designation of agent by the manufacturer must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin upon the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,<<<; >>>2. The full legal name, principal place of business, and mailin address of the manufacturer,<<<; >>>3. Marks, trade names, or other designations of origin of any of th manufacturer's child restraint systems that do not bear its name,<<<; >>>4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,<<<; >>>5. A declaration of acceptance duly signed by the agent appointed b the manufacturer, and that agent may be an individual, firm, or U.S. corporation, and<<<; >>>6. The full legal name and address of the designated agent.<<< Such a designation must be received by this agency before any of th manufacturer's child restraint system are imported into this country.; Should you need further information on this subject, or a clarificatio of any of the information set forth herein, please do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3557OpenJoseph R. Karner, Project Engineer, M.A.N. Truck & Bus Corporation, 3000 Town Center, Southfield, MI 48075; Joseph R. Karner Project Engineer M.A.N. Truck & Bus Corporation 3000 Town Center Southfield MI 48075; Dear Mr. Karner: This responds to your October 1, 1981, letter asking whether it woul be permissible to attach a label to a door stating 'To Open Door in Emergency Pull Down'. You indicate that the door is not an emergency door in compliance with Standard No. 217, *Bus Window Retention and Release*. You question whether the addition of the label in conformance to a contract with the Chicago Transit Authority (CTA) would make the door an emergency door that would be required to comply with the standard. The CTA requires that door to be so labelled because it desires the door to be used as a means of escape.; The standard states that buses shall be equipped with a minimum numbe of emergency exits and that all emergency exits shall be labelled properly and comply with the requirements of the standard. One purpose of the standard is to provide sufficient emergency exits. Another purpose is to provide uniform emergency exit markings and operating instructions. You have stated that your vehicle has the requisite number of emergency exits, properly marked, so that the door in question is not required in counting the total number of exits for purposes of complying with the standard.; As you know, not all doors are required to be emergency exits. Fo example, the front entrance door of a vehicle need not be an emergency exit. If it is not labelled an emergency exit, it need not comply with the requirements of the standard relative to emergency exits. Similarly, the door to which you refer need not comply with the emergency exit requirements if it is not labelled as an emergency exit. However, since your proposed label refers to the emergency nature of the door, it appears to place the door within the category of an emergency exit that would be required to comply with the standard. The CTA intends the door to be used as an emergency exit and the label will indicate to riders that the door is suitable for such purposes. You may not, therefore, refer to the door as an emergency door unless the door complies with all of the requirements.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4338OpenMr. Jim Moss, President, Auto Mark Corp., 3901 Atkinson Drive, Suite 220, Louisville, KY 40218; Mr. Jim Moss President Auto Mark Corp. 3901 Atkinson Drive Suite 220 Louisville KY 40218; Dear Mr. Moss: This responds to your letter to Ms. Barbara Kurtz of our Office o Market Incentives. In your letter, you posed several questions about a stencil your company would like to offer to direct importers for marking their vehicle parts in compliance with 49 CFR Part 541, *Federal Motor Vehicle Theft Prevention Standard*. Before responding to your specific questions, I would like to briefly explain the parts marking requirements of Part 541 as they apply to direct importers.; Direct importers are required to *inscribe* an identifying number o the specified parts for each passenger car subject to Part 541 that they import, S541.5(a). The identifying number inscribed on the parts must be the original vehicle identification number assigned to the car by its original manufacturer in the country where the car was assembled or produced, S541.5(b)(3). The identifying number inscribed on the parts must satisfy the size and style requirements specified for vehicle certification labels, S541.5(c). Finally, the identifying number inscribed on the parts must comply with the three requirements of S541.5(d)((2). These requirements are:; >>>1. Removal or alteration of any portion of the number must visibl alter the appearance of the section of the vehicle part on which the identification is marked,; 2. The number must be placed on each part in a location that is visibl without further disassembly once the part has been removed from the vehicle, and; 3. The number must be placed entirely within the target area specifie by the original manufacturer for that part.<<<; There are no other requirements for marking direct importers' vehicles Once the direct importer determines that its vehicle complies with these requirements, it certifies that compliance by affixing a label to the vehicle, as specified in 49 CFR S567.4(k). This certification must be affixed to the vehicle *before* it is imported into the United States.; To respond to your specific question, you stated that you advise direc importers to leave your stencil on each part after etching it. You then posed three questions:; >>>1. Must the initials DOT appear on the stencil?<<< ANSWER: No. Part 541 does *not* require that the DOT symbol appear as part of or in conjunction with inscribed markings on parts.; >>>2. May we leave our name (logo) printed on the stencil?<<< ANSWER: Yes. Using the same principles we have applied in the case o labeling requirements in our safety standard, manufacturers may label information in addition to that which is required by the theft prevention standard, *provided* that the additional information does not obscure or confuse the meaning of the required information or otherwise defeat its purpose. The purpose of requiring the vehicle identification number to be inscribed on specified parts is to allow law enforcement officials to quickly and conclusively establish whether a vehicle or major part is stolen. We do not believe it is possible that law enforcement officials will be distracted from examining the markings inscribed on the parts by the presence of a stencil with your company name on it. Therefore, you are free to leave you company name on the stencil.; >>>3. Do you have any suggestions or objections to offer?<<< ANSWER: Our only concern is that direct imports comply with th requirements of Part 541. Assuming that your stencil is a means for direct importers to comply with those requirements, we have no additional advice to offer.; If you have any further questions or need more information on thi subject, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.; Sincerely, Erika Z. Jones, Chief Counsel |