ID: nht94-2.98

TYPE: INTERPRETATION-NHTSA

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Gilbert Gallahar -- Kings Environmental Hydrogen Systems

TITLE: None

ATTACHMT: Attached To Letter Dated 2/18/94 From Gilbert Gallahar To John Womack (OCC-9731)

TEXT: Dear Mr. Gallahar:

This responds to your letter requesting information about Federal requirements applicable to an on-board hydrogen generator used on an internal combustion engine to control exhaust emissions. I am pleased to have this opportunity to explain our regulati ons 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 e quipment, including an on-board hydrogen generator.

NHTSA has not issued any standards for a device such as yours. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151 -159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be respons ible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Please note that no FMVSS would preclude the installation of your product as an item of original equipment. Nevertheless, if your device were installed on a new vehicle by a vehicle manufacturer or an alterer before the first consumer purchase, then the y would have to certify that the vehicle complies with all applicable standards, including Standard No. 301, Fuel System Integrity.

A commercial business that installs the on-board hydrogen generator would also be subject to provisions of the Safety

2

Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicl e safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSSs. For instance, compliance with FMVSS No. 301 might be degraded if the hydrogen generator affected the integrity of a motor vehicle fuel system. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install an on-board hydrogen generat or in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You may wish to contact the Environmental Protection Agency for any questions concerning emissions and air quality. The general telephone number for the EPA is (202) 382-2090. You may also wish to contact the state of Arizona for information on its emi ssions testing regulations.

I hope this information is helpful. If you have any more questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Enclosure

ID: Alani.1

Mr. Y. Alani
Deputy General Manager
Autoluxe Tires (Israel) Ltd.
25 Hamelacha Street, Park Afeq
Rosh Haayin 48091
Israel

Dear Mr. Alani:

This is in response to your letter and subsequent e-mail to Eric Stas in which you requested clarification as to the proper application of speed rating codes for replacement tires. Specifically, your letter asked whether it would be permissible to replace original equipment tires with an "H" speed rating with replacement tires with a "T" speed rating, whether it would be permissible to place "H"-rated tires on the front axle and "T"-rated tires on the rear axle of a vehicle, and whether a damaged "H"-rated tires would retain that designation after being repaired. For the reasons discussed below, the National Highway Traffic Safety Administration (NHTSA) cannot advise you as to the proper application of these codes.

Speed ratings are not required under our Federal motor vehicle safety standards (FMVSSs). It is our understanding that the tire speed rating system was established by the European Tyre and Rim Technical Organization (ETRTO), so you may wish to consult with that organization about the proper application of such codes (see http://www.etrto.org/pub_gb.html for contact information.)

We assume that you wrote to us because some tires sold in the U.S. are labeled with speed rating codes. By way of explanation, NHTSA is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (e.g., tires) introduced into the U.S. market. NHTSA does not issue approvals of these products, but instead, a manufacturer of motor vehicles or motor vehicle equipment must self-certify that its products meet all applicable safety standards, prior to offering such products for sale in the United States. Under our FMVSSs related to tires, manufacturers are not required to label tires with speed ratings. However, tire manufacturers are permitted to label additional information on the sidewall of tires, including speed rating codes, provided that the additional information does not obscure or confuse the meaning of the required information, or otherwise defeat its purpose.

If you have further questions, you may contact Eric Stas of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:109 d.6/21/05

ID: nht95-6.27

TYPE: INTERPRETATION-NHTSA

DATE: August 30, 1995

FROM: John Womack -- Acting Chief Counsel, NHSTA

TO: Nancy Tavarez -- Bietrix Industries

TITLE: NONE

ATTACHMT: ATTACHED TO 08/08/95 LETTER FROM NANCY TAVAREZ TO JOHN WOMACK (WALMA) (OCC 11118)

TEXT: Dear Ms Tavarez:

This is in response to your FAX of August 8, 1995, with respect to the importation of "Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series-HB1 for the USA market." We understand that you presently have a shipment of these awaiting entry. You state that "Mr. Taylor Benson recently informed us that these lights required DOT approval."

Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action.

The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information.

There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certified in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles.

If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either.

However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark registered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix); (2) the ANSI number, ECE identifier, and manufacturer's part number, individually or in any combination; and (3) a DOT symbol. The DOT symbol is the certification by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, "(1)" is required by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, "(2)" by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and "(3)" by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information.

The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f); this also requires the base to be marked "HB1". However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraphs S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications for the HB1 light source.

If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, they may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above.

If you have further questions, please call Mr. Vinson at (202)366-5263.

ID: nht95-4.5

TYPE: INTERPRETATION-NHTSA

DATE: August 30, 1995

FROM: John Womack -- Acting Chief Counsel, NHSTA

TO: Nancy Tavarez -- Bietrix Industries

TITLE: NONE

ATTACHMT: ATTACHED TO 08/08/95 LETTER FROM NANCY TAVAREZ TO JOHN WOMACK (WALMA) (OCC 11118)

TEXT: Dear Ms Tavarez:

This is in response to your FAX of August 8, 1995, with respect to the importation of "Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series-HB1 for the USA market." We understand that you presently have a shipment of these awaiting entry. You st ate that "Mr. Taylor Benson recently informed us that these lights required DOT approval."

Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action.

The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information.

There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certif ied in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles.

If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either.

However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark regi stered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix); (2) the ANSI number, ECE identifier, and manufacturer's part number, individually or in any combination; and (3) a DOT symbol. The DOT symbol is the certi fication by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, "(1)" is re quired by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, "(2)" by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and "(3)" by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information.

The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f); this also requires the base to be marked "HB1". However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraphs S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications f or the HB1 light source.

If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, the y may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above.

If you have further questions, please call Mr. Vinson at (202)366-5263.

ID: 11118

Ms. Nancy Tavarez
Bietrix Industries

FAX 201-956-7070

Dear Ms Tavarez:

This is in response to your FAX of August 8, 1995, with respect to the importation of "Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series-HB1 for the USA market." We understand that you presently have a shipment of these awaiting entry. You state that "Mr. Taylor Benson recently informed us that these lights required DOT approval."

Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action.

The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information.

There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certified in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles.

If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either.

However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark registered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix); (2) the ANSI number, ECE identifier, and manufacturer's part number,

individually or in any combination; and (3) a DOT symbol. The DOT symbol is the certification by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, "(1)" is required by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, "(2)" by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and "(3)" by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information.

The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f); this also requires the base to be marked "HB1". However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraph S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications for the HB1 light source.

If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, they may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above.

If you have further questions, please call Mr. Vinson at (202)366-5263.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:108 d:8/30/95

ID: 1983-3.5

TYPE: INTERPRETATION-NHTSA

DATE: 09/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Lyn-Mont Manufacturing Co.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jeffrey A. Crawford Q.A. Manager Lyn-Mont Manufacturing Co. P.O. Box 11745 4208 Clubview Drive Fort Wayne, Indiana 46860

Dear Mr. Crawford:

This responds to your letter concerning Safety Standard No. 106, Brake Hoses. You asked whether certain proposed labeling for brake hose assemblies would meet the labeling requirements of sections S7.2.3 and S7.2.3.1. As discussed below, the answer to your question is no.

By way of background information, this agency does not provide approvals of motor vehicles or motor vehicle equip- ment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to assure that its products comply with applicable safety standards. The following opinion is based on the facts provided in your letter.

Sections S7.2.3 and S7.2.3.1 provide two options for the labeling of air brake hose assemblies made with end fittings that are attached by crimping or swaging. Section S7.2.3 states that such assemblies, except those assembled and installed by a vehicle manufacturer in vehicles manufactured by him, shall be labeled by means of a band around the brake hose assembly as specified in that paragraph, or, at the option of the manufacturer, by means of labeling as specified in section S7.2.3.1.

If the first option is chosen, using a band as specified in section S7.2.3, the band must include (a) the symbol DOT, and (b) the manufacturer designation.. If the second option, specified in section S7.2.3.1, is chosen, the manufacturer designation must be placed on at least one end fitting of the assembly. (These sections also specify other require- ments concerning labeling, such as size of letters, which are not relevant to this interpretation.)

Your proposed labeling, placing the manufacturer designation on the band and the symbol DOT on the end fitting, would not meet the requirements of either of these options. If the first option is chosen, the symbol DOT must be placed on the band along with the manufacturer designation. If the second option is chosen, the manufacturer designation must be placed on the end fitting.

Sincerely,

Frank Berndt Chief Counsel

July 5, 1983

Office of Vehicle Safety Standards Crash Avoidance Division National Highway Traffic Safety Adm. 400 Seventh St. S.W. Washington, D.C. 20590

ATTN: Mr. Bloom

Subject: FMVSS -106 Paragraph S7.2.3 and S7.2.3.1

Dear Mr. Bloom,

There is some confusion on interpreting these two paragraphs between ourselves and a customer.

We've interpreted paragraph S7.2.3 to read that the assembly can be labeled with a band listing the information in sub-paragraph A&B, with it being our option to put on our designation as the manufacturer either on this tag or marked on the fitting as described in paragraph S7.2.3.1.

Our customer interprets this to read that this designation must be stamped on the fitting no matter what. What we would like to do is stamp the symbol DOT on the hex of the fitting.

Enclosed please find a sketch of our assembly showing where they would be marked in accordance with the 106 spec.

We would like a legal interpretation on weather we would be in compliance labeling our assemblies in this manner.

Sincerely,

Lyn-Mont Manufacturing Co.

Jeffrey A. Crawford Q.A. Manager

NO SHARP EDGE UNLESS OTHERWISE NOTED.

* GRAPH INSERTED HERE

ID: nht78-1.24

DATE: 03/22/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Dorsey Trailers, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your telephone request of February 9, 1978, to Roger Tilton of my staff asking whether Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, requires that you mount on your vehicles (Illegible Word) retreaded tires containing the DOT symbol.

The standard in paragraph S5.1.3 requires that after January 1, 1978, all used tires mounted on vehicles covered by the standard be manufactured in accordance with Standard No. 119 as evidenced by the symbol DOT on the sidewall. Therefore, you would not be permitted to mount used tires on your vehicles that do not contain the DOT symbol.

Retreaded tires are not used tires. Retreaded tires must comply with all applicable Federal requirements pertaining to them. In the case of retreaded nonpassenger car tires, there are no applicable Federal standards. The DOT symbol is only marked on these tires to which a Federal standard applies. Therefore, retreaded nonpassenger car tires do not need to be marked with the DOT symbol and, in fact, should not be marked with that symbol. Retreaded nonpassenger car tires without DOT symbols can be mounted on your vehicles in full compliance with Standard No. 120. If the tires in your possession have the DOT symbol on them, they can still be mounted on your vehicles. The tire retreader would be responsible for the misapplication of the DOT symbol to these tires.

ID: 1982-2.25

DATE: 07/26/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: P. S. Woolley

TITLE: FMVSS INTERPRETATION

TEXT:

JUL 26 1982

Mr. Phillip S. Woolley 10769 63rd Way N. Pinellas Park, FL 33565

Dear Mr. Woolley:

This is in reply to your letter of July 8, 1982, to Mr. Vinson of this office asking what you must do pursuant to Federal regulations as a manufacturer of taillamps for boat trailers.

The Federal motor vehicle safety standard you must consider is Standard No. 108, Lamps, Reflection Devices, and Associated Equipment. (Title 49, Code of Federal Regulations, S571.108) Under its terms, every vehicle taillamp must meet the requirements of SAE Standard J585e Tail lamps (Rear Postion Lamps), September 1977, and the SAE materials referenced in J585e, except that paragraph S4.1.1.12 of Standard No. 108 establishes alternative photometric equipment. The standard does not establish per se a minimum lens area for a taillamp. However, a vehicle manufacturer is required to ensure that when a tail lamp is installed, "the lamp must provide an unobstructed projected illuminated area of outer lens surface, excluding reflex," at least 2 square inches in extent, measured at 45 deg. to the longitudinal axis of the vehicle" (paragraph 4, J585e).

As a manufacturer, you are required to certify compliance of each taillamp with all applicable Federal motor vehicle safety standards, which may be by labelling the lamp with the symbol DOT, or by a statement on the lamp or on its shipping container (paragraph S4.7.2, Standard No. 108). You are also required to file an identification statement with the agency (49 CFR Part 566). In the event any taillamp fails to comply with Standard No. 108, or incorporates a safety-related defect, you must notify purchasers and remedy the problem in the manner specified by 49 CFR Part 577, after filing a report with the agency (Part 573).

You may obtain a copy of all Federal requirements by sending a check for $8 to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 and asking for "Title 49 Code of Federal Regulations - Parts 400 to 999, revised as of October 1, 1981."

For further information on the SAE materials, write "Technical Division, SAE, 400 Commonweath Drive, Warrendale, PA 15096 (or call 412-776-4841). In addition to J585e, you will need copies of J575e Tests for Motor Vehicle Lighting Devices and Components, August 1970; J576d Plastic Materials for Use in Optical Parts Such as Lenses and Reflection of Motor Vehicle Lighting Devices, June 1976; and J578c Color Specification for Electric Signal Lighting Devices, June 1977.

Sincerely,

Frank Berndt Chief Counsel

Phillip S. Woolley 10769 63rd Way N. Pinellas Park, Fl. 33565

July 8, 1982

Mr. Taylor Vinson - F.M.V.S.S. - 108 Legal Counsel National Highway Traffic Safety Assoc. Room 5219 400 7th Street S.W. Washington, DC. 20590

Dear Mr. Vinson:

Our company intends to manufacture tail lights for boat trailers and we need to know in laymans terms exactly what we have to do to comply with the rules and regulations set by the Federal Department of Transportations section 108. Are there any rules regarding square inches of lens surface area?

Thank you very much,

Phillip S. Woolley

P.S. Your name was referred to me by the National Highway Transportation Dept.

PSW/kw

ID: nht73-5.48

DATE: 10/31/73

FROM: AUTHOR UNAVAILABLE; A. G. Detrick; NHTSA

TO: Volkswagen of America Inc.

COPYEE: PHILIP A. HUTCHINSON; MR. PESKOE; MRS. MURRAY

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to the letter you propose to send to owners of vehicles involved in Defect Notification Campaign 73-0196. (Audi 80, 1973 Model, Backing Plate on Rear Axle.)

In our opinion this letter does not comply with the Defect Notification Regulation (49 CFR Part 577). Our reasons are as follows. While the letter refers to components involved in the defect (section 577.4(c) (1)), it does not describe the malfunction of which the owner must be informed pursuant to section 577.4(c)(2). Nor does the letter include a statement of conditions (operating or otherwise) that may cause the malfunction to occur, as required by section 577.4(c)(3). While the letter refers to a "shimmy," we cannot reasonably construe this to describe any more than the warning which the owner may experience (section 577.4(d)(1)(ii)). Moreover, we find your instruction to operate the vehicle at "substantially reduced speed," if intended to be the precautionary statement required by section 577.4(c)(4), to be so broad as to be meaningless. We believe a statement of the maximum speed at which the vehicle should be operated would be more appropriate.

The letter fails to evaluate completely the risk to traffic safety in the manner specified in section 577.4(d). In our view, when this failure is combined with the failure to describe the malfunction, the recipient of your notification is left with almost no idea of the nature

of the problem with his vehicle. We find further your statement that repair parts will be at the dealers "shortly" to be too general to conform to section 577.4(e)(1)(iii). That section clearly requires an estimate of the day on which parts will be available. Its purpose is to prevent the making of general statements such as that in your letter.

Finally, your letter urges the owner to take the vehicle to his dealer "immediately" only if he experiences "rear-end shimmy." In our view, this statement implies that without shimmy there does not exist a serious safety problem with the vehicle. Such an implication contravenes section 577.6, "Disclaimers," and must be deleted.

In order to conform to Part 577, your notification letter must be revised as indicated in this letter.

ID: 1985-03.20

TYPE: INTERPRETATION-NHTSA

DATE: 07/24/85

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood; NHTSA

TO: Patricia Mascari -- Glass Magazine

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Patricia Mascari Glass Magazine 8200 Greensboro Drive Suite 302 McLean, VA 22102

Enclosed is the article we discussed concerning the effect of Federal safety laws on the application of tinting to the windows of motor vehicles. We appreciate the opportunity to present our views on this matter. If you have any questions about the article, please let us know.

Sincerely,

Stephen P. Wood Assistant Chief Counsel for Rulemaking

Enclosure

FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

By Jeffrey R. Miller Chief Counsel, National Highway Traffic Safety Administration

The increasing popularity of window tinting in recent years has led to many questions on the effect of Federal auto safety laws on this practice. Is tinting allowed? If so, by whom and how much? And what about state tinting laws? We appreciate this opportunity provided by Glass Magazine to provide a brief explanation of the Federal laws in this area.

The National Traffic and Motor Vehicle Safety Act of 1966 authorized NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and items of motor vehicle equipment. Under that authority, NHTSA has issued a vehicle safety standards on a wide variety of subjects, including vehicle windows.

In 1967, the agency issued Safety Standard No. 205, Glazing Materials, which sets performance requirements for glazing materials in new motor vehicles and those sold as replacement equipment. In addition to establishing some new provisions, Standard No. 205 incorporates a widely recognized industry standard on the subject --the "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways" of the American National Standards Institute (ANSI). Under the RASI standard, window tinting is permitted, subject to specified performance requirements on light transmittance and abrasion resistance of the glazing.

Windows in New Vehicles

A manufacturer of new vehicles must certify that the glazing used in its vehicles conforms to the requirements of Standard No. 205. Any person who manufactures or sells a new vehicle which does not conform to any safety standard is subject to civil penalties and recall action under the Vehicle Safety Act. Thus, all windows required to driving visibility, whether clear or tinted, must meet all of the requirements of the standard, including those on light transmittance and abrasion resistance. The agency considers all windows in a passenger car, and the windshield and windows to the immediate right and left of the driver in trucks, buses and multipurpose passenger vehicles, to be requisite for driving visibility.

Likewise, if a dealer or other person places tinting film on glazing in a new vehicle prior to the sale of the vehicle, that person must certify that the glazing continues to meet the requirements of Standard No. 205. Thus, for example, the light transmittance through the combination of tinting film and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the abrasion resistance and other requirements in the standard.

Windows in Used Vehicles

In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment installed on a motor vehicle. The 1974 amendment (15,U.S.C. S1397(a)(2)(A)) provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

Thus, no manufacturer, distributor, dealer, or motor vehicle repair business may add tinting to windows in a motor vehicle, if that tinting would "render inoperative" the glazing's compliance with Standard No. 205. The Vehicle Safety Act provides for civil penalties (of up to $1000 per violation) for persons that "render inoperative" an element of a safety standard. If any of those commercial businesses added tinting material which reduced the light transmittance of the glazing in windows requisite for driving visibility to a level below 70 percent, the agency would consider that action a "rendering inoperative" of the glazing's compliance with Standard No. 205. The statute does not prohibit tinting by commercial businesses, but it does limit the use of tinting.

The Vehicle Safety Act does not apply to individual vehicle owners. Thus, individual vehicle owners may, themselves, add any level of tint to the windows in their vehicles without violating Federal law. However, tinting done by individual owners would have to be done in accordance with applicable State law.

Effects on State Law

Federal law generally preempts any inconsistent state laws on the same subject covered by Federal Motor Vehicle Safety Standards. The Vehicle Safety Act (15 U.S.C. S1392(d)) provides:

Whenever a Federal motor vehicle safety standard . . . is in effect, no State or political subdivision of a State shall have any authority to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment , any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Thus, States may not establish provisions regarding tinting or other vehicle window requirements which are either more or less stringent than those provided by Federal Motor Vehicle Safety Standard No. 205. For example, a State law which specifies a transmittance level less than 70 percent for windows requisite for driving visibility in new vehicles would be preempted. The adoption or retention of such a State law would have no effect on the Federal prohibition of such an installation. Further, any State law or regulation permitting manufacturers, distributors, dealers, or motor vehicle repair businesses to install tinting materials on a vehicle after its first sale in violating of Standard No. 205 would also be preempted.

States may establish and enforce requirements identical to any Federal Motor Vehicle Safety Standard, including Standard No. 205. They may also, as part of their motor vehicle inspection regulations, prohibit vehicle owners from modifying their windows, through tinting or otherwise, in any way that would violate Standard No. 205.