Interpretation ID: nht79-2.43

DATE: 12/28/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mack Trucks, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of November 21, 1979, pointing out discrepancies in Federal Motor Vehicle Safety Standard No. 108 as published in the Code of Federal Regulations and as published in "Federal Motor Vehicle Safety Standard and Regulations."

You are correct that the version of S4.1.5 appearing in "Federal Motor Vehicle Safety Standards and Regulations" erroneously incorporates the paragraph of the Federal Register amendment notice finding that good cause had been shown for an immediate effective date. The error does not appear, however, in the official version of Standard No. 108 which appears in the Code of Federal Regulations.

The footnote reference to "S4.4.2" and the reference to "S3.1" in the interpretation do appear, however, in the Code of Federal Regulations. Originally, there was a paragraph S4.4.2 prescribing the testing sequence of combination turn signal and hazard warning signal flashers, referenced by footnotes in Tables I and III. As you may recall, there was a Standard No. 108a scheduled to become effective on January 1, 1973, which omitted S4.4.2 with its footnote reference, and added detailed performance and testing requirements for flashers under a new paragraph, S4.6. When Standard No. 108a was revoked, S4.4.2 was never reinstated as a requirement, though the footnote references to it still appear in Tables I and III as you have noticed.

With respect to the reference to "S3.1" appearing in Note 2 to Standard No. 108 in the Code of Federal Regulations, this is the S3 which appeared in the December 16, 1967, version of

Standard No. 108 cited by the Note. When Standard No. 108 was amended effective January 1, 1972, S3.1 became S4.1. Thus, the continued reference to S3.1, though confusing, is correct in its context.

Your final comment is that the amendments to Tables I and III, affecting headlamps, as published on July 27, 1978, have not been picked up by the agency's publication "Federal Motor Vehicle Safety Standards and Regulations." You are correct. We hope that recent steps taken by this agency will end the problems that have been experienced with this publication. However, I must emphasize that the only legal version of Standard No. 108 is that appearing in the Code of Federal Regulations, currently revised as of October 1, 1978, plus amendments and corrections published in the Federal Register since that date.

We appreciate your calling these mistakes to our attention. Sincerely,

ATTACH.

November 21, 1979

F. Berndt, Chief Counsel -- National Highway Traffic Safety Administration

Dear Mr. Berndt:

Subject: Discrepancies in Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, as published in the Federal Motor Vehicle Safety Standards and Regulations

Upon recent review of Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, we have found a few discrepancies between the Standard as published in the Federal Register and as published in the Federal Motor Vehicle Safety Standards and Regulations compilation.

The Federal Register of June 15, 1978, amended Section S4.1.5. There was a paragraph printed after Section S4.1.5 which we believe was not intended to be part of the Standard; however, the compilation has this paragraph included as part of the Standard. Are we correct in assuming that this paragraph is not part of the Standard?

The Federal Register of July 27, 1978, amended the Table I headlamp requirements. The compilation does not reflect this amendment.

Table I of the compilation is footnoted to "See S4.4.2"; however, there is no Section S4.4.2 in the compilation. The reprinted Standard in the Federal Register of August 23, 1976, also has the same mistake. What is the correct footnote?

The second paragraph under "Interpretation", following Section S5.2, in both the compilation and the Federal Register of August 23, 1976, refers to paragraph S3.1; however, there is no such paragraph in either document. What is the correct reference?

We trust that you will have these areas reviewed and advise us of your findings. We have attached the appropriate pages from the compilation and the Federal Register for your reference.

Very truly yours, MACK TRUCKS, INC.;

Thomas F. Brown -- Executive Engineer-Vehicle Regulations and Standards

Attach.