ID: nht68-3.20

DATE: 02/03/68

FROM: AUTHOR UNAVAILABLE; Alan S. Boyd; NHTSA

TO: John E. Moss; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of November 30 regarding the Notice of Proposed Rule Making published that day in the Federal Register relative to the promulgation by the Department of the Treasury and the Department of Transportation of regulations governing the importation of motor vehicles and equipment manufactured after December 31, 1967.

You have asked the statutory authority for "six proposed exemptions" set forth in proposed 19 C.F.R. Sec. 12.80(b). You will see from the enclosed copy of the final regulations published on January 10 that there are now seven exceptions in 19 C.F.R. Sec. 12.80(b). However, there are exceptions only from the requirement of paragraph (b) that a vehicle(Illegible Word) valid certification as a condition of entry into the United States. They are not exemptions from compliance with the Federal motor vehicle safety standards where compliance is required by the National Traffic and Motor Vehicle Safety Act of 1966. With specific reference to each of the seven exceptions to vehicle certification provided by 19 C.F.R. Sec. 12.80(b):

"(i) Such vehicle or equipment item was manufactured on a date when there were no applicable safety standards in force, a verbal declaration being acceptable at the option of the district director of customs for vehicles entering at the Canadian and Mexican borders;"

Section D8(a)(1) of the Act prohibits importation of a motor vehicle manufactured on or after the date any applicable safety standard is in effect unless the vehicle is in conformity with such standard. This section makes it clear to customs officer and the public that vehicles manufactured prior to the effective date of a standard need not comply with the standard in order to be imported.

"(ii) Such vehicle on equipment item was not manufactured in conformity with applicable standards but has since been brought into conformity, such declaration to be accompanied by the certificate of the manufacturer, contractor, or other person who has brought such vehicle or equipment item into conformity which described the nature and extent of the work performed;"

No exemption from compliance is allowed and it is assumed from the statement of the responsible contractor submitted concurrent with the declaration that the vehicle fully conforms with the requirements of section 108(a)(1) at the time of its admission into the United States.

"(iii) Such vehicle or equipment item does not conform with applicable standards, but that the importer or consiance will bring such vehicle or equipment item into conformity with such standards;"

This temporary exemption is permitted by section 108(b)(3) of the Act which provides that nonconformity vehicles may be admitted upon terms and conditions sufficient to insure they are brought into conformity.

"(iv) Such vehicle is a new vehicle being imported for purposes of resale which does not presently conform to all applicable safety standards because readily attachable equipment items are not attached, but that there is affixed to its windshield a label stating the standard with which and the manner in which such vehicles does not conform and that the vehicle will be brought into conformity by attachment of such equipment items before it will be offered for sale to the first purchaser for purposes other than resale;"

Comments submitted by several European motor vehicle manufacturers in response to the Notice of November 30 indicated that exterior equipment items such as rearview mirrors and wheel covers, which are subject to breakage or theft, are commonly shipped separately from new motor vehicles. Additionally, one foreign manufacturer expressed its preference for utilization of American made passenger restraint systems and consequent installation of such systems after arrival of its vehicles in the United States. Since it is only in minor ways that the vehicles in the United States, the offer for sale of a nonconforming vehicle would be a violation of section 108(a)(1) of the Act, it seems appropriate to allow entry of there vehicles with an informational label stating the fact of nonconformance and that the vehicle will be brought into conformance before being offered for sale at the retail level.

"(v) The importer or consignee is a nonresident of the United States, importing such vehicle or equipment item primarily for personal use or for the purpose of making repairs or alterations to the vehicle or equipment item, for a period not exceeding 1 year from the date of entry, and that he will not resell it in the United States during that time; Provided, That person regularly entering the United States by a motor vehicle at the Canadian and Mexican borders may apply to the district director of custom for an appropriate means of identification to be affixed to such vehicle which will serve in place of the declaration required by this paragraph;"

"(vi) The importer or consignee is a member of the armed forces of a foreign country on assignment in the United States, or is a member of the Secretariat of a public international organization so designated pursuant to 59 Stat. 669 on assignment in the United States, or is a member of the personnel of a foreign government on assignment in the United States who comes within the class of persons for whom free entry of motor vehicles has been authorized by the Department of State and that he is importing such vehicle or equipment item for purposes other than resale;"

These exemptions are permitted by section 108(b)(4) of the Act which permit "temporary importation" of noncomplying motor vehicles. The Department of State informally advised that any interpretation of "temporary" as meaning a period of less than "one year" might not be in accordance with several international road and traffic Conventions to which the United States is a party. The Canadian-Mexican provision in item (v) is designed to facilitate entry and exit of vehicles owned by nationals of these countries who are employed in the United States, and who commute regularly to and from their jobs across the border.

"(vii) The importer or consignee is importing such vehicle or equipment item solely for the purposes of show, test, experiment, competition, repairs, or alterations and that such vehicle or equipment item will not be sold or licensed for use on the public roads." This is not an exemption permitted by section 108(b) but an exemption granted on the basis that experimental, show, test, or competition vehicles have not been built "primarily for use on the public roads" and hence are not "motor vehicles" (within the definition of section 102(2) of the Act) subject to regulation by the Secretary.

I hope this will answer your questions.

ID: nht68-3.21

DATE: 04/04/68

FROM: AUTHOR UNAVAILABLE; John R. Jamieson; NHTSA

TO: The Firestone Tire & Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: Your petition of March 7, 1968, requesting a reduction in the high speed performance test (Section S5.5) of the Federal Motor Vehicle Safety Standard No. 109 (23 CFR, Part 255) for special heavy gauge troad taxi tires is denied.

While we agree that some taxis are used for low speed intercity operation, many taxis now use high speed freeways for sustained periods of time. With the continuous expansion of freeways in metropolitan areas, the average service speed for taxi tires is certain to increase. In view of this, and because it is impossible to limit the use of taxi type tires to speeds lower than those presently permitted for other passenger vehicles, an amendment to Standard No. 109 exempting the heavy gauge tread tires from the high speed performance requirements, would not be in the interest of safety.

For your future reference enclosed is a copy of Rule Making Procedures: Motor Vehicle Safety Standards as published in the Federal Register (32 F.R. 15816 - 15820). Your attention is directed to S210.31 which sets forth the procedural regulations for petitions for rule making.

ID: nht68-3.22

DATE: 04/06/68

FROM: ROGER H. COMPTON -- NHTSA; SIGNATURE BY DAVID A. FAY

TO: Green and Green Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of February 19, 1968, to Secretary Boyd, concerning the location of rear identification lamps on best trailers.

Standard No. 108 permits rear identification lasts to be mounted at optional heights. Therefore, lamps mounted on extension brackets or add-on(Illegible Words) would be permissible. We would also point out that rear identification lamps are required only on those trailers that are 80 or more inches in overall width.

Thank you for writing.

ID: nht68-3.23

DATE: 04/16/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Bayerische Motoren Werke

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of February 21, 1968, to Mr. J. E. Leysath of this Bureau, concerning the use of tubular type bulbs in license plate lamps.

Motor Vehicle Safety Standard No. 108 requires that license plate lamps conform to Society of Automotive Engineers (SAE) Standard J587b. SAE J587b in turn requires that bulbs and bulb sockets conform to SAE Standards J573b and J567b, respectively. Since tubular type bulbs and sockets for these bulbs do not conform to these SAE Standards, their use in license plate lamps would not be permitted under the requirements of Standard No. 108.

Thank you for writing.

ID: nht68-3.24

DATE: 04/16/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: R.J. Townsly

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of February 23, 1968, to the Department of Transportation, in regard to information pertaining to importation into the United States of a right hand drive Canadian manufactured vehicle.

If your vehicle was manufactured prior to January 1, 1968, the Federal Motor Vehicle Safety Standards would not apply, however, if built after January 1, 1968, full compliance to Federal Safety Standards is necessary.

While it is not clear from your letter, the status of your visa, or how long you wish to have the car in the United States a solution to your problem may be provided by the regulations governing the importation of motor vehicles subject to the Federal Standards which became effective January 10, 1968. You will see from 19 CFR Section 12.80 (b) (v) of the regulations enclosed that a non-resident of the United States may import a non-confirming motor vehicle for personal use for a period of not more than one year, and that it may not be resold in the United States.

The National Highway Safety Bureau has not been informed of the manner in which vehicles of Canadian manufacture, including those with right hand drive, do not comply with the Federal Standards. It would be best to communicate directly with the Canadian manufacturer as to the extent of modification necessary should you not come with the 12.80 (b) (v) exception.

If we can be of further assistance, please let us hear from you.

ID: nht68-3.25

DATE: 04/22/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Badger Auto Body Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your cooperation and response to the Federal Highway Administration request regarding the "Certification Requirements."

The information you have provided will be very useful to us; however, in accordance with Section 112 of the National Traffic and Motor Vehicle Safety Act of 1966, it would be appreciated if you would provide us with information as to where your tag will be located on your vehicles and also the serial identification system as requested in order that vehicles manufactured (complete) after January 1, 1968, can be identified.

In regard to your question as to whether there is an exception to the law regarding the placement of the three light markers at the rear of your vehicle because of the limited space on your rear frame, the answer is there is no exception and adherence is required. One possible solution to your problem might be to mount an additional bracket to mount the cluster of lights. This is only a suggestion and you may be able to arrive at a more practical arrangement.

Trusting this information answers your questions.

ID: nht68-3.26

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; G. C. Nield; NHTSA

TO: The Standard-Triumph Motor Company, Limited

TITLE: FMVSS INTERPRETATION

TEXT: This letter is in response to your February 29, 1968, request for approval of equivalent rims for use in the following tire and rim combinations:

A. Bias Ply Tires

1. 5.20-13 on 4 1/2J rim.

2. 5.60-13 on 3 1/2J rim.

B. Radial Ply Tires

1. 145-13 on 3 1/2J rim.

2. 145-13 on 4 1/2J rim.

3. 185-15 on 4 1/2J rim.

On the basis of the supporting information submitted, your request for approval of the equivalent rims and proposed tire combinations listed above is granted.

ID: nht68-3.27

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; R. M. O'Mahoney; NHTSA

TO: Fiat Motor Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reference to your letter of March 21, 1968, concerning Federal Motor Vehicle Safety Standard No. 202.

The standard does not preclude the use of a head restraint which, when not in use, can be fully retracted into the seat back.

MOTOR COMPANY, INC.

March 21, 1968

March 21, 1968

Robert O'Mahoney Federal Highway Administration

With reference to Federal Safety standard 202 issued on Federal Register Vol.33 of February 14, 1968, we would appreciate your confirming to us whether a head restraint which, when not in use, can be fully retracted into the seat back is acceptable.

Would you please clarify this to us.

Thanking you for your cooperation in this matter, we remain,

G. Gabrielli Technical Manager

ID: nht68-3.28

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Schein Body and Equipment Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letters of February 29, 1968, to Dr. William Haddon, Jr. concerning the location of lamps and reflectors on your dump semi-trailers and equipment loaders.

Initial Motor Vehicle Safety Standard No. 108 requires that the side reflex reflectors be mounted not less than 15 inches nor more than 60 inches above the road surface. To meet this requirement, the front side reflex reflectors on your dump semi-trailers may be mounted below the side rail of the body. If necessary, a protective shield or housing could be provided to prevent the reflector from being damaged by rocks and mud.

With respect to the location of rear clearance lamps on your dump semi-trailers, Standard No. 108 requires that these lamps be located as near as practicable to the upper left and right extreme edges of the vehicle, except that optional heights are permitted when the rear identification lamps are mounted at the extreme height of the vehicle. Your photograph does not show identification lamps on the rear of your trailer; however, it does not appear that these lamps could be mounted at the extreme height of the vehicle, since the tail gate is often removed. In this case, the rear clearance lamps must be located as near as practicable to the upper left and right extreme edges of the vehicle. It appears that clearance lamps located immediately forward of the rear post of a point not obscured by the covering tarpaulin would meet this requirement of the standard. A combination clearance and rear side marker lamp at that location would also be permitted by the standard.

On your tilt type and roll-back equipment loaders, location of tail, stop, turn signal, and identification lamps 30 inches from the extreme rear of the platform, and location of the rear clearance lamps and rear reflectors 44 inches from the extreme rear of the platform, appear to be in accordance with the location requirements of Standard No. 108.

With respect to the requirements of Standard No. 108, I must point out that this Bureau does not issue approvals on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only and in no way relieve the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of the standard.

ID: nht68-3.29

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Finderne Engine Co., No. 1, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 8, 1968, to the National Highway Safety Bureau, concerning the applicability of lighting requirements to fire trucks.

We agree that the front identification lamps might be slightly obscured while the stationary and rotating red and amber lights are flashing. However, when these lights are not flashing, the identification lights would clearly identify a vehicle that is more than 80 inches in overall width. Therefore, identification lights will be required on your fire truck. The same reasoning can be applied to clearance lights and compliance is also required.

The enclosed literature may be of additional assistance to you in response to your inquiry.

We trust this information will be of assistance to you in your desire to comply with existing safety standards.