Interpretation ID: aiam3638
Manager
Tokai Rika Co.
Ltd.
New York Office
One Harmon Plaza
Secaucus
NJ 07094;
Dear Mr. Asai: THis responds to your letter of October 15, 1982, asking about Federa Motor Vehicle Safety Standard No. 101, *Controls and Displays*. Your letter concerned the symbols specified by that standard for the windshield defrosting and defogging system control and the rear window defrosting and defogging system control. You asked whether it is permissible to use the symbols specified by EEC Directive 78/316/EEC for those controls, stating that there are only slight differences between the symbols specified by Standard No. 101 and the EEC directive. As explained below, the answer to your question is yes.; The preamble to the final rule establishing current Standard No. 10 explained that minor deviations are allowed from the symbols designated by the standard, as long as the symbol used substantially resembles that specified in the standard. 43 FR 27541, June 26, 1978. (This statement was noted in your letter.); For the windshield defrosting and defogging system control, both ou standard and the EEC directive specify three curving arrows (representing rising air) superimposed on a form representing a windshield. For the rear window defrosting and defogging system control, both documents specify three curving arrows superimposed on a form representing a rear window. The forms representing the windshield and the rear window are the same for both Standard No. 101 and the EEC directive. Further, the three curving arrows are superimposed over the windshield or rear window by both documents in the same manner. The only apparent difference between the symbols specified by the two documents is the number of curves in each of the three arrows. The arrows specified by the EEC directive have two curves each, while the arrows specified by Standard No. 101 have three curves.; In our opinion, the deviation you described falls within the intent o the June 1978 statement to permit symbols that are identical to the pictured ones except in some minor respect. The deviation is indeed minor since one must closely examine the two EEC symbols in question and those specified by Standard No. 101 to determine if there is any difference at all.; Sincerely, Frank Berndt, Chief Counsel