ID: nht94-2.18

TYPE: Interpretation-NHTSA

DATE: April 5, 1994

FROM: Hamilton K. Pyles -- Cairncross & Associates, Inc.

TO: Office of Vehicle Safety Compliance -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5/12/94 from John Womack to Hamilton K. Pyles (A42; VSA 102(a)(2)(A); Part 591

TEXT:

We are writing to request the assistance of your office, or your personal assistance, in obtaining Department of Transportation approval and color code designation on our, LIFE LITES system. Our firm has secured a patent, foreign trade license and comple ted testing with the Ohio State University, and is ready to begin producing the device.

C & L Safety Products currently has a plastics firm and lighting manufacturer within your district to begin production, as well as, several organizations who have committed to purchase the final product. We feel normal, or abnormal delays, in securing ap proval for the device could adversely impact the economic development of your voting area. Rapid approval would permit you to utilize our firm as an example, particularly in an election environment, of the assistance you can provide to those considering southwest Ohio as a site for future business. Additionally, we are prepared to utilize our public relations firm in contacting other organizations with the details of any assistance provided by you in this matter.

Sue Clark, of your Hamilton office, has been working with us, and has all the details of efforts made to date in securing approval, and has been greatly supportive in moving through the Department of Transportation process.

We have taken the liberty of enclosing a local and national press article explaining the purpose of the device, as well as, copies of the patent and foreign trade permit. Should there be any questions, please call us, to reduce the delays associated wit h mailed correspondence. Best wishes for continued success.

We would like to import into the United States a kit for a custom compact pick-up truck bed. The bed is made of varnished and sealed wooden planks and plywood with metal fastenings and reinforcements. The kit would consist of the following:

1. Plans and instructions in English for the safe and secure assembly of the bed and attachment on the frames of the specified pick-up truck makes, models and years.

2. Wooden and Plywood parts of the bed suitably labelled for identification.

3. Metal parts, fastenings, wiring and lights.

The intention is to offer this kit in advertisements in specialty

magazines and catalogs to the general public and to offer it to manufacturer's who place specialized beds (campershells, utility company boxes, etc.) on pick-up frames that they buy new without factory installed beds. The general public would strip the existing bed off their truck to install ours.

What federal laws and regulations, under your cognizance, govern the importation, sale and installation of wooden pick-up bed kits? What must I do, initially, to import a trial sample bed into the United States?

As we are on a fairly tight time schedule, your prompt reply by FAX and mail will be very much appreciated, partial answers one by one are far preferable to waiting for all the answers before replying. Thank you.

ID: nht94-2.19

TYPE: INTERPRETATION-NHTSA

DATE: April 6, 1994

FROM: Ivan L. Bost -- Director Of Engineering, Comm-Trans, The Sully Corporation

TO: Mary Versailles -- NHTSA

TITLE: Federal Ruling On 3 Point Shoulder Harnesses In Rear Outboard Seating Positions In The Vans We Convert For Commercial Use.

ATTACHMT: Attached To Letter Dated 6/8/94 From John Womack to Ivan L. Bost (A42; Std. 208)

TEXT: Dear Ms. Versailles,

We at Comm-Trans manufacture/convert and sell a line of commercially developed vans for use in the commercial shuttle industry. Our customers represent such markets as hotels, churches, limousine co's, airport ground transportation services, rent-a-car co's and non emergency medical transport co's.

My primary question pertains to whether or not 3 point shoulder harnesses are required in the vehicles that we convert that seat from 10 - 15 people including the driver. Please see the specifications and floor plans I have enclosed. The GVWR of the ve hicles in question is in excess of 8500 pounds and less than 10,000 pounds. We as a company have been installing these shoulder harnesses since 1992. The reason for my question is it has recently been brought to our attention at a few of my competitors are not installing shoulder harnesses and are using standard lap belts in the same size and type vans.

I have also talked with Charlie Case in your office and he reinforced what we are doing with the definition of a bus under 571.3 and regulation 208 in section S.4.4.3.2. Please take the time to review this issue and get back with me in writing with a le gal interpretation of the standards.

Thanks for your time and I look forward to hearing from you.

Sincerely,

ID: nht94-2.2

TYPE: Interpretation-NHTSA

DATE: March 28, 1994

FROM: John Womack -- U.S. DOT, NHTSA

TO: Ray Paradis -- Manufacturing Manager, Dakota Manufacturing Co.

TITLE: None

ATTACHMT: Attached to letter dated 4/14/94 from John Womack to Ray Paradis (A42; Std. 108)

TEXT:

Per my discussion with Taylor Vinson, I have enclosed an overall side view of Dakota Manufacturing Companies 24 ton ramp trailer.

The question is whether a center side marker light is required. The overall length is 30'8" including the ramp in transport position.

In reviewing competition, I cannot find any center lights being used.

ATTACHMENT

Drawing of Trail-Eze, model D20R24. (Drawing omitted.)

ID: nht94-2.20

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ulrich Metz -- Automotive Division, Robert Bosch GmbH (Germany)

TITLE: None

ATTACHMT: Attached to letter dated 6/9/93 from Ulrich Metz to NHTSA (OCC 9194)

TEXT:

This responds to your letter to this agency regarding a new windshield wiper system you intend to develop for front windshield. I apologize for the delay in responding.

The drawing you enclosed with your letter shows a wiper system consisting of one wiper arm and blade, as distinguished from the conventional systems consisting of two wiper arms and blades. Your wiper system takes different paths on the forward and the return strokes of the wiper cycle. Thus, as you stated in your letter, "the vision areas are fulfilled only in the sum of forward and return movement." You asked whether that is permissible under Federal Motor Vehicle Safety Standard (FMVSS) No. 104, W indshield Wiping and Washing systems (copy enclosed), and if so, whether the minimum frequencies specified by FMVSS 104 apply to this wiper system. As explained below, the answer to both questions is yes.

The essential feature of a windshield wiper system, from a safety standpoint, is its ability to clear a specific portion of the windshield. The number of wipers necessary to provide the driver with a sufficient field of view is not specified in FMVSS 10 4. Therefore, the number of wipers is immaterial so long as the minimum percentages of critical areas are cleared.

The areas to be wiped are specified in paragraphs S4.1.2 and S4.1.2.1 of the standard. S4.1.2 establishes three windshield areas for passenger car windshields, designated as areas "A," "B," and "C." Each area is required to have a certain percentage of the glazing area wiped as shown in Figures 1 and 2 of SAE Recommended Practice J903a, May 1966 (copy enclosed), using the angles specified in Tables I, II, III, and IV of FMVSS 104, as applicable. Those tables apply to passenger cars of varying overall widths, namely, from less than 60 inches to more than 68 inches. The angles set forth in the tables vary according to the overall width of the vehicle. Finally, paragraph S4.1.2 provides that the percentage of each area required to be cleared must als o be within the area bounded by a perimeter line on the glazing surface one inch from the edge of the daylight opening.

With that background in mind, I will address your first question. FMVSS 104 does not specify whether the wiper needs to clear a windshield on either or both strokes. SAE Recommended Practice J903a, at paragraph 2.5, however, defines an effective wipe p attern as "that portion of the windshield glazing surface which is cleaned when the wiper blade travels THROUGH A CYCLE) (emphasis added). A "cycle" is defined in paragraph 2.14 of SAE Recommended Practice J903a as consisting of "wiper blade movement du ring system operation from one extreme of the windshield wipe pattern to the other extreme AND RETURN" (emphasis added). It is NHTSA's opinion, therefore, that so long as the required windshield area is cleared by your wiper in a complete cycle, the

requirements of paragraphs S4.1.2 and S4.1.2.1, FMVSS 104, have been met.

As indicated above, your wiper system must comply with the minimum frequencies specified in section S4.1.1, Frequency, of FMVSS 104. That section requires that each windshield wiping system must have at least two frequencies or speeds. One must be at l east 45 cycles per minute (cpm), regardless of engine load and speed. The other must be at least 20 cpm, also regardless of engine load and speed. In addition, the difference between the higher and lower speeds must be at least 15 cpm, regardless of en gine load and speed. There are no exceptions to these frequency requirements, regardless of the number or design of the wiper arms comprising the system.

Your letter did not indicate whether your wiper system is designed to be used on passenger cars or motor vehicles other than passenger cars, or both. Please note that section S2 of FMVSS 104, Application, provides that the standard applies to multipurpo se passenger vehicles, trucks, and buses in addition to passenger cars. All those vehicles are required to have power-driven windshield wiping systems that meet the frequency requirements of section S4.1.1. The wiped area requirements of S4.1.2, howeve r, apply only to passenger cars.

I hope this information will be helpful to you. Should you have any further questions or need any additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: nht94-2.21

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Darryl Cobb (Abbeville, GA)

TITLE: None

ATTACHMT: Attached to letter dated 10/29/93 from Darryl Cobb to Office of Chief Counsel, U.S. Department of Transportation (OCC 9280)

TEXT:

This responds to your inquiry about how Federal regulations would affect the sale of an aftermarket rearview mirror you plan to import into the United States. You stated that this mirror system would be installed on the driver's side of a passenger car. A brochure accompanying your letter indicated that the mirror system contains both a portion that is a flat mirror of unit magnification and a portion along the outer edge that is convex. I regret the delay in responding.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the respons ibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

NHTSA issued performance requirements for new vehicle mirrors in Standard No. 111, Rearview Mirrors (49 CFR S571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehicle. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in Standard No. 111. Vehicle manufacturers may install mirror systems that combine flat and convex mirrors on their new vehicles, provided that the flat mirror portion by itself complies with the requirements in Standard No. 111 that are applicable to the vehicle type on which the mirror system is installed. Assuming that the flat mirror portion of your mirror system complies with the requirem ents of Standard No. 111 for the vehicle type on which it is to be installed, this new mirror system can legally be installed on new vehicles of that type.

Please note that since Standard No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Un der the Safety Act, the mirror is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety relat ed defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defec tive equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperati ve ... 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 ...." If the installation of an aftermarket mirror system resulted in a vehicle no longer complying with Standard No. 111, a manufacturer, distributor, dealer, or motor vehicle repair business that replaced a complying mirror with a noncomplying system would have rendered inoperative a device (the mirror system) installed in the vehicle in compliance with Standard No. 111. Se ction 109 of the Safety Act specifies a civil penalty of up to $1000 for each violation of the render inoperative provision.

The Safety Act does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. Under Federal law, individual owners can install any mirror system they desire on their own vehicles, regardless of whether that mirror renders inoperative the vehicle's compliance with the requirements of Standard No. 111. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

ID: nht94-2.22

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles tha t have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards ( FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, ap pears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may tak e issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: nht94-2.23

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert Matulich (Seattle, WA)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 (est) from Robert Matulich to Office of Chief Council, NHTSA (OCC 9449)

TEXT:

This responds to your letter requesting information about Federal requirements applicable to your product. According to promotional literature that accompanied your letter, your "Clear Vu Mirror" is an attachment to exterior mirrors that clears raindrop s, dust, and mist, thus making a mirror "virtually self-cleaning." I am pleased to explain the applicability of our regulations to your product.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipm ent. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ("Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for c ertifying that its products meet all applicable FMVSSs.

NHTSA currently has no FMVSSs that directly apply to the product you plan to manufacture. NHTSA issued an FMVSS for vehicle rearview mirrors (FMVSS No. 111), but the standard applies to new vehicles, and not to aftermarket mirror products. If your prod uct were manufactured and sold as part of a new vehicle, the vehicle would have to be certified as complying with all applicable standards, including Standard No. 111. The standard sets field of view requirements for new motor vehicles, and your product would have to be mounted on a new vehicle such that it does not block the field of view required by FMVSS No. 111. However, since Standard No. 111 applies only to new vehicles, it does not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are sub ject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determi nes that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperati ve ... 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 ...." It is conceivable that your product, when placed on a vehicle's ext erior mirror, could "render

inoperative" the vehicle's ability to comply with FMVSS No. 111. Persons in the aforementioned categories cannot install your product if it blocks the field-of-view required by FMVSS No. 111, or otherwise caused the vehicle to no longer comply with Stan dard No. 111.

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on an exterior mirror by the vehicle owner, the render inoperative provision would not apply. Nevertheless, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

ID: nht94-2.24

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John A. Boehner -- Congress of the United States, House of Representatives

TO: Jackie Lowey -- Director, Congressional Affairs, DOT

TITLE: None

ATTACHMT: Attached to letter dated 6/25/94 Est from John Womack to John A. Boehner (A42; Std. 108; VSA S102(a)(2)(A)) and letter dated 3/25/94 from James Ackley, Carol Baumhauer and Krista D. Subler to John A. Boehner

TEXT:

The enclosed correspondence requesting permission to use two unassigned colors was sent to me by Mr. John Cail and Mr. James Ackley.

I would greatly appreciate you providing my Hamilton office with the appropriate information so that I may reply to my constituent's inquiry.

If I may provide additional information, please do not hesitate to contact me.

Attachment

C & L Safety Products Unlimited Eaton, Ohio

The Honorable John A. Boehner (R-Ohio) 1020 Longworth House Building Washington, D.C. 20510

Dear Mr. Boehner,

We are writing to request the assistance of your office, or your personal assistance, in obtaining Department of Transportation approval and color code designation on our, LIFE LITES system. Our firm has secured a patent, foreign trade license and comple ted testing with the Ohio State University, and is ready to begin producing the device.

C & L Safety Products currently has a plastics firm and lighting manufacturer within your district to begin production, as well as, several organizations who have committed to purchase the final product. We feel normal, or abnormal delays, in securing ap proval for the device could adversely impact the economic development of your voting area. Rapid approval would permit you to utilize our firm as an example, particularly in an election environment, of the assistance you can provide to those considering southwest Ohio as a site for future business. Additionally, we are prepared to utilize our public relations firm in contacting other organizations with the details of any assistance provided by you in this matter.

Sue Clark, of your Hamilton office, has been working with us, and has all the details of efforts made to date in securing approval, and has been greatly supportive in moving through the Department of Transportation process.

We have taken the liberty of enclosing a local and national press article explaining the purpose of the device, as well as, copies of the patent and foreign trade permit. Should there be any questions, please call us, to reduce the delays associated wit h mailed correspondence. Best wishes for continued success.

Sincerely,

John Cail Sr. James Lipps

3/29/94

ID: nht94-2.25

TYPE: Interpretation-NHTSA

DATE: April 8, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Daniel T. Mason -- Product Development Engineer, Avery Dennison - Automotive Division (Troy, MI)

TITLE: None

ATTACHMT: Attached to letter dated 2/14/94 from Daniel T. Mason to Barbara Gray (OCC 9807)

TEXT:

This responds to your request for an interpretation of labeling requirements under 49 CFR part 541 Federal motor vehicle theft prevention standard. Your letter has been referred to my office for a reply. You asked whether a label that leaves a fluoresc ent "footprint" of a vehicle identification number (VIN) on a vehicle part, complies with section 541.5(d)(1)(v)(B) of part 541. The answer is yes.

Section 541.5(d)(1)(v)(B) requires that if a theft program label is removed from a vehicle part, "residual parts of the label" be left in the area of the part where the label was affixed. The residual parts, also known as "footprints," provide investiga tors evidence that a label was originally present. "Footprint" requirements for theft labels were discussed in the preamble to the final rule establishing 49 CFR part 541 (See 50 FR 43166, at 43174; October 24, 1985):

... this standard requires only that removal of the labels must leave residual parts of the label ... , on the part, and that these residual parts must be discernible by trained investigators. For purposes of this requirement, "disce rnible" does not mean that residual parts must be visible under natural light. (50 FR 43174).

In your letter, you stated that Avery Dennison's VIN marked labels have a fluorescent agent that transfers onto vehicle parts when the label is applied. If the label is removed, and the formerly labelled area is viewed under an ultraviolet light, a repro duction of the VIN is visible. If the labels, when removed, leave "residual part(s) of the label ... on the part" that is "discernible" under ultraviolet light, the Avery Dennison label would fulfill section 541.5(d)(1)(v)(B).

I hope this responds to your question. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

ID: nht94-2.26

TYPE: Interpretation-NHTSA

DATE: April 8, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Thomas Turner -- Manager, Engineering Services, Blue Bird Body Company (Fort Valley, GA)

TITLE: None

ATTACHMT: Attached to letter dated 2/15/94 from Thomas D. Turner to George Entwistle (OCC 9696); Also attached to letter dated 1/26/83 from Frank Berndt to Thomas D. Turner

TEXT:

This responds to your letter to NHTSA's Office of Safety Compliance requesting an interpretation of the conspicuity requirements in Standard No. 131, School Bus Pedestrian Safety Devices. This letter confirms your understanding that a reflectorized stop signal arm that fully complies with the reflectorization requirements in S5.3.1 complies with S5.3, regardless of whether a stop signal arm is equipped with strobe lights that do not comply with S5.3.2.

As you are aware, S5.3 conspicuity states "The stop signal arm shall comply with either S5.3.1 or S5.3.2, or both." Section S5.3.1 sets forth requirements addressing reflectorization, and S5.3.2, which references S6.2, sets forth requirements addressing flashing lamps. Section S6.2.2 specifies a stop signal arm's flash rate.

You explained that some of the stop signal arms that you install fully comply with the reflectorization requirements in S5.3.1. However, these stop signal arms are also equipped with strobe lights that do not comply with S5.3.2 because they do not comp ly with the flash rate requirements in S6.2.2.

As we noted above, compliance with the conspicuity requirements in S5.3 can be established EITHER by complying with the reflectorization requirements in S5.3.1 OR the flashing light requirements in S5.3.2. (emphasis added) Since the stop signal arms in question comply with the reflectorization requirements, they comply with the conspicuity requirements and need not comply with the flashing light requirements.

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