NHTSA's Interpretation Files Search
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ID: aiam0463OpenMr. Satoshi Nishibori, Engineering Representative, Nissan Motor Company, Ltd., 400 County Avenue, Secaucus, NJ 07094; Mr. Satoshi Nishibori Engineering Representative Nissan Motor Company Ltd. 400 County Avenue Secaucus NJ 07094; Dear Mr. Nishibori: This is in reply to your letter of September 15, 1971, in which yo posed two related questions concerning the use of passive seat belt systems to meet the requirements of S4.1.2.2 of Standard No. 208.; The passive seat belt section S4.5.3, was added by the notice of Jul 8, 1971, 'to make it clear that redundant active belts need not be used if passive belts are used to meet any option requiring Type 1 or Type 2 belts.' If you choose to install a passive belt system, you do not have to provide a separate active system.; In response to your second question, S4.5.3 expressly provides that passive seat belt assembly may be used in place of a seat belt assembly that conforms to the warning system requirements of S7.3. If a passive seat belt conforming to S4.5.3 is used to meet the requirements of S4.1.2.2, it must comply with paragraph (b) of S4.1.2.2 but need not comply with paragraph (a), (c) or (d).; Please advise us if your questions have not been adequately answered. Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam5231OpenMr. James N. Doan Counsel - Operations Eaton Corporation Eaton Center Cleveland, OH 44114-2584; Mr. James N. Doan Counsel - Operations Eaton Corporation Eaton Center Cleveland OH 44114-2584; Dear Mr. Doan: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. You asked whether an automatic vehicle speed control (also known as a cruise control), that you describe as 'mounted on the transmission shift lever,' must be illuminated. As explained below, the answer is no. S5.3.1 sets requirements concerning controls which must be illuminated. S5.3.1 excludes from the illumination requirements hand operated controls that are mounted on the floor, floor console or steering column. You believe that your proposed control would be considered 'mounted on the floor or floor console' and thus excluded from S5.3.1's illumination requirements. We agree that locating the control on the shift lever is similar to locating it on the floor console for the purposes of the illumination requirements. This interpretation is based on agency precedent concerning S5.3.1's exception for controls on steering columns. In the preamble to a final rule of May 4, 1971 (36 FR 8296), NHTSA determined that the exception for controls mounted on the steering column extends to controls mounted on the steering wheel. Since the transmission shift lever bears the same relationship to the floor console as does the steering wheel to the steering column, controls on the transmission shift lever are excepted from S5.3.1's illumination requirements. I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam0033OpenJerome N. Sonosky, Esq., Messrs. Kurzman & Goldfarb, 1616 H Street, N.W., Washington, DC 20006; Jerome N. Sonosky Esq. Messrs. Kurzman & Goldfarb 1616 H Street N.W. Washington DC 20006; Dear Mr. Sonosky: This is in reply to your letter of August 29 requesting a verificatio of the interpretation of Standard 205 contained in a letter to you dated August 10 from Max Brand of Mercedes-Benz of North America.; Mr. Brand's understanding that glazing materials manufactured on o after January 1, 1968, for use in passenger cars, multipurpose passenger vehicles, motorcycles, trucks and buses must conform to Standard 205, but that dealer inventories of prestandard materials manufactured before January 1, 1968, may be used for replacement purposes until exhausted is correct.; Sincerely, William Haddon, Jr., M.D., Director |
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ID: aiam0526OpenMr. Wayne Myers, Angle Product Company, 11830 Brookpark Road, Cleveland, OH 44130; Mr. Wayne Myers Angle Product Company 11830 Brookpark Road Cleveland OH 44130; Dear Mr. Myers: This is in further response to the telephone inquiries you made o December 14, 1971, concerning the effective date of Federal Motor Vehicle Safety Standards (sic) No. 206 with respect to trucks.; You stated that you understood that the original January 1, 1972 effective date had been or would be postponed to September 1, 1972. No such postponement has been made or proposed. The standard will go into effect with respect to trucks on the first of this coming year, as originally scheduled.; Your source of information may have confused the effective date of th standard with that of a minor proposed amendment to the standard. That amendment, which was to become effective on January 1, 1972, is now scheduled to become effective September 1, 1972. A copy of that proposed amendment is enclosed for your information.; You also asked about the existence of a mailing list which would enabl you to receive our new standards and amendments to our existing standards. The Government Printing Office periodically publishes supplements to a loose-leaf publication entitled 'Federal Motor Vehicle Safety Standard (sic) and Regulations.' The most recent supplement, number 5, was published in November of this year. Detailed information concerning this service, including its cost, can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.; If you wish to receive our proposed, as well as our final, new standar (sic) and amendments, you should consider subscribing to the *Federal Register*. A year's subscription to this publication, which costs $25.00, can be ordered from the Superintendent of documents.; Please write if we can be of further assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4836OpenMs Anne Lombardi Acting Director Office of Passenger Enforcement and Facilitation Department of the Treasury U.S. Customs Service Washington, D.C. 20229; Ms Anne Lombardi Acting Director Office of Passenger Enforcement and Facilitation Department of the Treasury U.S. Customs Service Washington D.C. 20229; "Dear Ms. Lombardi: This is in reply to your letter of February 14 l99l, asking for an opinion on kit cars. Specifically, military and DOD civilian employees stationed on the Philippines 'frequently purchase automobiles which are composites of old chassis and engines, of U.S. manufacture, and new bodies and interiors, fabricated and attached to the chassis by local Filipino car shops. Normally, the chassis and engines were not taken abroad by the importers, but were purchased in the Philippines from other sources. In most cases the chassis are said to have been manufactured prior to January 1, l969.' You have asked which DOT regulations apply to these automobiles, those applicable to the year the chassis was manufactured, or those applicable to the year the body was attached. This is a question of first impression with us. Under the opinions of this Office relating to the National Traffic and Motor Vehicle Safety Act, if a person meeting the definition of a 'manufacturer', 'distributor', 'dealer', or 'motor vehicle repair business' removes a body from the chassis of a motor vehicle and installs a new one, the resulting vehicle must continue to meet the Federal motor vehicle safety standards that were in effect at the time that the vehicle was originally manufactured. If a person other than the above installs the new body, the vehicle is simply a used vehicle to which no Federal motor vehicle safety standards are applicable (but which must meet State standards for vehicle registration). However, these interpretations apply only to modifications that occur within a 'State' as defined by the Act. The Philippines is not included in the definition of 'State.' Where such modifications have occurred outside a 'State', and the modified vehicle is offered for importation into the United States, the vehicle is treated under the importation regulations (49 CFR Part 591) as a used vehicle which must be brought into conformity with Federal safety and bumper standards in effect at the time of its manufacture. We regard the date of manufacture of the original vehicle (i.e., chassis) as the appropriate date, because it may not be feasible to conform the assemblage to vehicle standards in effect at the later date on which the body was manufactured. If the original vehicle were manufactured before January 1, l968 (the effective date of the original safety standards), then no Federal motor vehicle safety standards apply to the vehicle. I must add an important caveat here. There are two types of Federal motor vehicle safety standards: those that apply to the vehicles as a whole (such as the so-called crash standards), and those that apply to individual equipment items. The equipment standards apply regardless of the date of manufacture of the vehicle. Thus, the tires, brake fluid, brake hoses, glazing, seat belt assemblies, and lamps and reflectors on any modified vehicle imported into the United States must meet the standards in effect at the time the items were manufactured, regardless of whether the modified vehicle must meet the Federal safety standards applicable to vehicles. I must also add two other caveats. The Imported Vehicle Safety Act of l988, which has been implemented by 49 CFR Parts 591-594, forbids the importation of a vehicle not originally manufactured to conform to the Federal motor vehicle safety standards (e.g., this would apply to an assemblage of a new body placed upon a chassis manufactured on or after January 1, l968) unless this agency has determined that the vehicle is capable of modification to comply with all applicable safety standards. This determination is made pursuant to a petition submitted by a 'Registered Importer,' who will undertake to conform the vehicle if a favorable determination is made. The second caveat is that the owner can import the vehicle only if (s)he has a contract with a Registered Importer to perform conformance work. However, there is a limited exception to the two caveats of the preceding paragraph. They do not apply to any vehicle that will be imported into the United States on or before October 31, l992, if its importer owned the vehicle (or had a contract to acquire it) before October 31, l988, was employed outside the United States at all times between those two dates, and had never before imported a nonconforming motor vehicle. Under this exception, the owner may import the vehicle without the necessity of a determination or the intervention of a Registered Importer. (S)he must then bring the vehicle into compliance with all applicable Federal motor vehicle safety and bumper standards, and present evidence of conformance to this agency. Under any circumstances of importation of a noncomplying vehicle to be conformed, its owner must acquire a performance bond to ensure that the work is, in fact, completed. If you have any further questions, we shall be pleased to answer them. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0176OpenMr. W. W. King, Vice President, Marketing, Meyer Products, Inc., 18513 Euclid Avenue, Cleveland, OH 44112; Mr. W. W. King Vice President Marketing Meyer Products Inc. 18513 Euclid Avenue Cleveland OH 44112; Dear Mr. King: I regret the delay in responding to your letter of April 23, in whic you provided certain certification information and details on your wheeled spreaders.; The wheeled spreaders attached to a towing vehicle are considered moto vehicles under the National Traffic and Motor Vehicle Safety Act of 1966, and have been categorized as 'trailers'. Federal Motor Vehicle Safety Standard 108 is currently the only standard applicable to trailers, specifically those 80 inches and more in overall width.; This Standard will also apply to trailers of lesser width manufacture after December 31, 1968.; Accordingly Meyer Products is required to certify compliance i accordance with section 114 of the Act. I enclose for your guidance copies of the Act, Federal Standard No. 108, and the certification Notice currently in effect.; Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel for Regulations |
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ID: aiam5374OpenMr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook, IA 50635-0386; Mr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook IA 50635-0386; "Dear Mr. Rowe: This responds to your letter requesting informatio about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product. Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines 'brake hose end fitting' as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable. While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed. I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet. I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam1337OpenMr. Mel Aanerud, Manager, Reservation Business Enterprise, Star Route, Box 116, Vineland, MN 56359; Mr. Mel Aanerud Manager Reservation Business Enterprise Star Route Box 116 Vineland MN 56359; Dear Mr. Aanerud: This is in reply to your letter of November 16 concerning a definitio of 'steady burning' lamps.; Our definition of 'steady' is 'regular, uniform, not changed, replace or interrupted, not fluctuating or varying widely.' Stop lamps activated by the Pulsating Safety Brakelite would therefore not be 'steady burning.'; Thank you for your interest in highway safety. Sincerely, E. T. Driver, Director, Office of Operating Systems, Moto Vehicle Programs; |
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ID: aiam4135OpenMr. Takeshi Tanuma, Nissan Research & Development, Inc., P.O. Box 8650, Ann Arbor, MI 48104; Mr. Takeshi Tanuma Nissan Research & Development Inc. P.O. Box 8650 Ann Arbor MI 48104; Dear Mr. Tanuma: Thank you for your letter of February 5, 1986 (ref. W-141-H) concerning the application of Standard No. 201, *Occupant Crash Protection in Interior Impact*, to an inside door 'pull-handle.' You explained that the pull-handle is made of unpadded plastic and does not have a hard inside frame. The drawing provided in your letter shows that the pull-handle is 7.44 inches (186 mm) long, 1.12 inches (28 mm) wide, and projects 1.09 inches (27 mm) from the side of the door. I hope that the following discussion answers your questions.; You first asked if the armrest requirements of S3.5 of the standar would apply to the pull-handle if it is located within the pelvic impact area of either the front or rear passenger door. In determining whether the requirements of S3.5 apply to the structure, the agency has looked at the design and location of the structure, to determine whether it is an armrest (see, for example, the agency's interpretation letter of September 21, 1983, to Mr. Suzuki of your company.). In this case, the pull-handle projects far enough from the side of the door so that it could be used to rest the arm. Further, if the pull-handle were located in the pelvic impact area, it is likely to be used to rest the arm. Thus, we would consider such a pull-handle located in the pelvic impact area to be an armrest which must meet the requirements of S3.5 of the standard.; You also asked if the pull-handle would have to meet the requirement of S3.5 of the standard if it were located outside of the pelvic impact area at the upper portion of the door. In a conversation with Mr. Oesch of my staff, Mr. Hayaski explained that the pull-handle would probably be located near the rearmost edge of the door. In this case, it appears that the pull-handle would be positioned above and to the rear of where occupants would normally be expected to rest their arms. Thus, we would not consider a pull-handle located in the upper portion of the door and near the door's rear edge to be an armrest.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0875OpenShigemitsu Morita, General Manager, Daicel Ltd., New York Liaison Office, 200 Park Avenue, New York, NY, 10017; Shigemitsu Morita General Manager Daicel Ltd. New York Liaison Office 200 Park Avenue New York NY 10017; Dear Mr. Morita: This is in reply to your letter of September 15, 1972, to Mr. Jerome A Palisi, requesting information concerning the application of Federal Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to various components of vehicle occupant compartments made of plastic or plastic and metal.; The components that must meet the requirements of the standard ar listed in paragraph S4.1. Some of the components you have asked about are covered by the standard and others are not. Dashboards and instrument panels are considered to be 'front panels' and are therefore covered. Steering wheels normally are 'designed to absorb energy ... in the event of a crash' and, in that case, are covered. The components not covered specifically are handles of handbrakes, meter housings, steering column covers, console boxes, and handle knobs to open and shut windows. These components, such as console boxes, will nevertheless be covered to the extent that they contain materials 'that are designed to absorb energy on contact by occupants in the event of a crash.' We cannot identify what you mean by 'change lever knobs' and, therefore, we cannot comment on this component.; You also ask whether finished or unfinished components should be teste according to the procedures described in S5 of the standard, and what kind of specimens should be prepared for plastic components with metal insertions. The standard does not apply to intermediate or unfinished materials, and compliance testing by the Government is carried out with components removed from motor vehicles that have been marketed. Test specimens should be prepared according to S5.2.1 of the standard regardless of the materials that are present in a given component.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |