ID: nht74-4.6

DATE: 06/27/74

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 29, 1974, concerning a problem with retreaded tires experienced by your constituent, Mr. Leon Mentzer of Lancaster. Mr. Mentzer was concerned that a pair of retreaded tires which he purchased and returned as the new tread came off after 15 miles were, according to the dealer, to be retreaded again and resold. He asks if there are Federal regulations regarding retreads.

Federal Motor Vehicle Safety Standard No. 117 (49 CFR 371.117 (copy enclosed)) does specify certain requirements for passenger car retreaded tires, primarily in the areas of rasing selection and processing, treadwear indicators, and labeling. The standard at one time contained performance requirements as well, but these requirements were successfully challenged in an industry-sponsored lawsuit (H & H Tire Company v. Volpe, 471 F.2d 350 (7th Cir. 1572). The re-retreading of a tire in the situation described by Mr. Mentzer would not fail to conform to Standard No. 117 if the casing were not damaged in a manner described in the standard. A further retreading, if done properly, would not necessarily be unsafe.

ENCLS.

Congress of the United States

House of Representatives

May 29, 1974

James B. Gregory Administrator National Highway Traffic Safety Administration

My constituent, Mr. Leon Mentzer, R.D. 6, Box 951, Lancaster Pennsylvania 17604, has expressed concern to me in regard to two re-capped tires he recently purchased.

After driving on the tires for approximately fifteen miles, the re-tread came apart. After retaining an attorney he did succeed in getting a refund of his purchase price. What concerned him more was a remark made by the seller when the tires were returned to the effect that they would be re-capped and resold.

Mr. Mentzer wonders if there are Federal regulations regarding re-capping of tires. Any information you may be able to provide which I may send along to him would be much appreciated.

Edwin D. Eshleman

ID: nht74-4.7

DATE: 06/14/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: The Berg Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 21, 1973, letter and subsequent communication with Mr. Sidney Williams of the NHTSA Handling and Stability Division asking if a check valve located at the isolated reservoir (as pictured in your schematic drawing) to protect the trailer service reservoir(s) would comply with S5.2.1.5 of Standard No. 121, Air brake systems.

The check valve may be placed at the isolated tank to protect the trailer service reservoir as specified in S5.2.1.5.

It appears from your schematic that a single failure in the service brake system could cause loss of service brakes on both trailer axles. It should be noted that if this arrangement is used and a significant safety problem result, it would be subject to NHTSA safety defect authority.

ID: nht74-4.8

DATE: 07/03/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Continental Hydraulic Hose Corp.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 16, 1974, request for approval of Continental's banding technique to meet the requirements of Standard No. 106 Brake hoses, for labeling brake hose assemblies, and for use of the letter "C" to identify Continental as an assembly manufacturer.

The NHTSA interpretes a band as a label which encircles the hose completely and attaches to itself. To constitute labeling at all, of course, the band must be affixed to the hose in such a manner that it cannot easily be removed. From this discussion, you should be able to determine the compliance of your labeling method with the standard. The NHTSA does not approve specific designs in advance because the material, installation method, and underlying material can significantly affect the quality of specific design.

The letter "C" has already been recorded with the Office of Standards Enforcement as the manufacturer designation for Continental Gummi-Werke A. G. of Germany. Please submit another choice to: Office of Standards Enforcement, "Brake Hose Identification", National Highway Traffic Safety Administration, 400 Seventh St. S.W., Washington, D.C. 20590.

Continental Hydraulic Hose Corp.

National Highway Traffic Safety Administration

Attention: Mr. Herlehy

Subject: MVSS-106 Docket 10

Dear Sir:

Continental Hydraulic Hose manufacture hydraulic brake hose assemblies. We also make the end fittings but purchase the hose. The fittings are permanently crimped in place.

Reference is made to paragraph S5.2.4 of Docket 10 which relates to labeling by the hose assembler. We propose:

1) That our designation be the letter "C".

2) That the band be a strip of adhesive backed vinyl tape wrapped securely around the skirt of one end fitting. The tape would be preprinted in 1/8" letters with:

DOT

C (our code) Month and year.

Please advise if the above is acceptable.

Sincerely,

James W. Long

ID: nht74-4.9

DATE: 07/03/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Volvo of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 26, 1974, question whether labeling information on hose installed in vehicles must remain legible after the vehicle is painted, and what "permanently labeled" means in S5.2.2.

The answer to the question of painting over label information will be answered in our upcoming notice in response to petitions for reconsideration of the amendments we have made to the standard.

"Permantly labeled" means affixed in such a manner that it is not easily removable, and is reasonably designed to remain affixed and legible for the normal life of the component.

Yours Truly,

Volvo of America Corporation

April 26, 1974

Lawrence Schneider, Chief Counsel National Highway Traffic Safety Administration

Volvo of America Corporation hereby requests an interpretation on amended FMVSS 106 published February 26, 1974 [Docket No. 1-5; Notice 10].

Volvo requests an interpretation on the extent which the markings on the brake hose, end fitting and band around the brake hose assembly must remain legible after the assembly is installed on the vehicle. Volvo has determined these markings may become illegible after the chassis is painted. Would the NHTSA find it acceptable to have one or more markings on the hose remain legible, and the markings on the fitting and the band, if not legible after painting, be legible when the paint is removed?

Volvo also requests a definition of "permanently labeled" as stated in Section S5.2.2

Volvo thanks you for your consideration on this matter and requests a reply as soon as practical.

Rick Shue Product Safety Engineer

cc: S. Larsson

ID: nht74-5.1

DATE: 02/15/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Open Road Industries Inc.

TITLE: FMVSR INTERPRETATION

TEXT: We have received correspondence from Mr. & Mrs. William D. Waterhouse of Homestead, Florida, concerning the recall campaign in which their 1970 Open Road motor home is involved (NHTSA campaign #73-0043). Mr. and Mrs. Waterhouse object to the indemnity and hold-harmless provision which you have required them to agree to in order for your company to repair their vehicle without charge to them. That provision reads;

The undersigned will save and hold Open Road Industries, Inc. harmless from and indemnify it against any and all claims, actions, causes of action and damages it may suffer or sustain by reason of making said repair and alteration.

Our records indicate that the recall in question was initiated on March 12, 1972. Accordingly, regulations applicable to the owner notification letter (49 CFR Part 577) do not apply, as these regulations first became effective March 26, 1973.

We wish to inform you, however, in the event Open Road Industries finds it necessary to conduct notification campaigns in the future, that we would not consider a notification letter such as this to conform to Part 577. We believe the hold harmless and indemnity provision is a charge to the purchaser beyond what is standard business practice in these matters. While no money is demanded,

the legal rights which your company demands be relinquished are not without monetary value, and may, as in the case of the Waterhouses, influence the purchaser's decision as to whether the manufacturer should be entrusted to make the repair. While this agency has no authority to compel manufacturers to repair defective vehicles, or to prevent manufacturers from making repairs subject to conditions, it does require through Part 577 that specific information regarding defective vehicles be provided to purchasers. That information is required to be more extensive when the manufacturer does not perform the repair free of charge to the purchaser. Consequently, future notification letters sent by Open Road which include these or similar hold-harmless or indeminity provisions must specify the measures to be taken to repair the defect in accordance with @ 577.4(e)(3), which deals with those cases where the manufacturer does not bear the cost of repair.

ID: nht74-5.10

DATE: 03/06/74

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Flagg; Cooper; Hayner; Miller; Long & Owen

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of January 17, 1974, in which you enclose a sample of the wording your client intends to use on his certification label, and solicit our comments.

The proposal that would allow an alternative to the required listing of individual axles (Docket No. 73-31, Notice 1) would become effective on the date of publication of the final rule. Consequently, certification labels using a single value for identical weight ratings may not be used until that time. The label you submit for approval does conform to the current proposal. However, we are considering requiring the inclusion of tire-size designations on the certification label when the gross axle weight ratings are combined.

We have no objection to the additional information contained on the label on the right of the required information. As we understand it, this will lessen the likelihood of mislabeling by the assembler in the field. It would not be possible for him to use a label that would overrate the trailer.

ID: nht74-5.11

DATE: 03/07/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Kirkland; Ellis & Rowe

TITLE: FMVSR INTERPRETATION

TEXT: We have reviewed the revised defect notification letters in International Harvester campaigns number 73505, 73503, 73511, 73513, G-73520 and G-73521 which you forwarded to us. We believe these revised letters conform to 49 CFR Part 577. However, we believe the letters in campaigns 73505, 73513, and 73521, which involve an accelerator problem, should, in response to the requirements of @ 577.4(c)(4), include some guidance as to how the driver can stop the vehicle.

While we find the letters you submit to conform to the requirements, we are of the opinion that, in general, the format you use to describe the defect (577.4(c)) goes little further than meeting the regulation's literal requirements. We suggest you review the letters we have received from other companies in order to obtain an indication of other, more complete approaches to meeting the requirements. While we had indicated that we might furnish you specific letters as examples, we prefer not to recommend any specific letter as a model or to imply that it is preferable to others.

SINCERELY,

2/14/74

From the Desk of

Bert W. Rein

Per our conversation of yesterday.

IH Recall No. 73505

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the vehicle identified on the enclosed form. This defect exists in the carburetor control linkage fast idle cam retaining screw. The screw can loosen and fall out, dislodging the fast idle cam. Any loss of fast idle (engine cold) would be a sign of this screw loosening.

If the cam becomes jammed in the throttle linkage, it can stick the throttle linkage up to one-half open thus preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take 0.4 hour to replace this retaining screw. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73503

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety in the 1010 pickup truck with power brakes exists in the vehicle identified on the enclosed form. The defect exists in a low percentage of the vehicles produced but its existence may not be apparent to the average driver.

The defect is the installation of the wrong vacuum power booster master cylinder assembly (one intended for disc brakes) which results in the brakes seemingly acting normal but which may leave the brake pedal somewhat lower than normal. Without prior warning to the driver, substantial loss of stopping ability may be experienced and, in beyond normal braking situations where rapid stops are required, vehicle crash can occur.

We request that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle inspected and the correct power brake unit (master vac) installed, if needed. Dealers and branches have the instructions for correcting this defect. We estimate that parts will be available at dealers and branches by .

It is estimated that it will take 1.3 hours to replace the unit. There will be no charge to you for parts and labor involved. Presentation of notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73511

Dear International Customer: This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the Loadstar truck identified on the enclosed form. The defect is the installation of a gas tank filler cap which does not have a pressure and vacuum relief. Should the vehicle become upset and involved in a fire, the absence of pressure and vacuum relief could cause explosion from excess pressure in the gas tank.

We urge you to contact your International dealer or branch immediately and have a new gas tank filler cap installed. Dealers and branches have the instructions for correcting this defect. We estimate that parts will be available at dealers and branches by .

It is estimated that it will take 18 minutes to replace the gas cap. There will be no charge to you for parts and labor involved. Presentation of notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73513

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the Travelall or pickup truck equipped with a V-400 engine identified on the enclosed form.

The defect exists in the idle screw which acts as the rest stop for the throttle linkage determining the idle speed (engine hot). The screw may back out by itself in normal use and can interfere with the throttle linkage, sticking it in an open position and preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without prior warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take 30 minutes to replace this curb idle screw. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. G-73520

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the diesel powered Loadstar identified on the enclosed form. This defect pertains to the accelerator pedal and, specifically, the pin located above the heel of the accelerator pedal, lower side. This pin may catch on the engine cover or carpet and cause the throttle to hold in the open position preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have this pin removed from your vehicle. Dealers and branches have instructions for correcting this defect. No additional parts are required.

It is estimated that it will take 30 minutes to remove this pin from the vehicle. There will be no charge to you for labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the required information on the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. G-73521

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the D-500 vehicle identified on the enclosed form. This defect pertains to the vacuum hoses supplying vacuum to the power brake unit (Master-Vac) or vacuum reserve tank if so equipped. These hoses should be double wrap hoses but, inadvertently, single wrap hoses were installed. These weaker single wrap hoses may collapse and thus cause total loss of braking power assistance from the power brake unit. Loss of the power brake unit may reduce total braking efficiency by up to 60% and loss of this assistance will require much greater brake pedal effort to effect a stop. This malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take an average of 40 minutes to replace these hoses. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

ID: nht80-3.7

DATE: 06/23/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. William Tierney

TITLE: FMVSS INTERPRETATION

TEXT: This is to follow-up on your phone conversation of June 10, 1980, with Stephen Oesch of this office concerning the Federal requirements applicable to the installation of auxiliary fuel tanks in passenger cars.

I am enclosing a copy of a letter of interpretation the agency issued last August which discussed the general implication of such installations under Federal law. If after reviewing this material you have any additional questions, please contact Mr. Oesch.

ID: nht80-3.8

DATE: 06/23/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Flair Interiors Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter asking whether an assembler of automotive seating would be responsible for defects in the metal frames used in the seats. Apparently, you purchase metal frames from a supplier and then pad and cover them as vehicle seats.

The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment pursuant to authority of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381, et seq.). There are two safety standards directly applicable to vehicle seating, Standard No. 207, Seating Systems, and Standard No. 302, Flammability of Interior Materials. However, both of these standards apply only to completed vehicles and are, therefore, the responsibility of the vehicle manufacturer, not a supplier such as your company.

In addition to the Federal safety standards, manufacturers of motor vehicles and motor vehicle equipment are responsible for any defects in their products which affect motor vehicle safety. Under 49, Code of Federal Regulations, Part 579.5, the vehicle manufacturer is responsible for any safety-related defect determined to exist in the vehicle or in any item of original equipment, including the original seats. Each manufacturer of an item of replacement equipment is responsible for any safety-related defect in that equipment. Therefore, if you are selling your seats to a vehicle manufacturer, that manufacturer would be responsible for the seats. If, however, you are selling the seats as aftermarket equipment, you would be responsible for their safety.

This means you would have to recall the equipment and remedy free of charge any defect relating to motor vehicle safety. If the defect resulted from faulty frames, you could still be held responsible for the seat under Federal law, since you would be considered the manufacturer. You will have to contact a private attorney to determine whether you would then have a right of action against the manufacturer of the seat frames.

SINCERELY,

Flair Interiors, Inc.

May 14, 1980

Office of Chief Council National Highway Traffic Safety Administration

Dear Sir,

We are a sewing room that assembles automotive seating. We purchase metal frames and cover them with poly foam and fabrics in various styles. I have had a telephone conversation with Mr. Vince Querrils from the Office of Safety Standards, and I understand from him that we would not be held liable for the metal frames since we do not manufacture them. Is this correct? We need to know what our responsibilities are concerning the safety codes on this type of product.

Thank you for any information you can give us in regards to this.

SINCERELY,

Ms. Frances Zinn

President

ID: nht80-3.9

DATE: 06/25/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the questions you raised with Stephen Oesch of my office on May 1, 1980, concerning Standard No. 101-80, Controls and Displays.

You asked if the clearance lamp system symbol shown in Table I of the standard can be used on a rotary switch to identify a position that activates only the parking and side marker lights. You also asked whether the low beam symbol can be used to indicate the headlamp position on the same rotary lighting switch. Such a use of the clearance lamp symbol and low beam symbol is permissible.

Under S5.2.1 and footnote 2 to Table I, the switch which controls not only the headlamps, but also the clearance, identification, parking and/or side marker lamps must have the Table I symbol for headlamps and tail lamps either on or adjacent to it. It appears from the drawing you left with us that the required headlamp and tail lamp symbol would indeed be adjacent to the switch. S5.2.1 also provides that a manufacturer may use additional symbols for the purpose of clarity. Since the additional symbols you contemplate using would inform the driver about the particular lights which are operated by the different positions of the switch, they would serve the purpose of added clarity.

If you have any further questions, please let me know.

ENC.

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