ID: nht93-5.8

TYPE: Interpretation-NHTSA

DATE: July 6, 1993

FROM: Charles D. Shipley -- Director, Ohio Department of Public Safety

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/29/93 from John Womack to Charles D. Shipley (A41; Std. 108; VSA 108(a)(2)(A)); Also attached to letter dated 4/21/92 from Paul Jackson Rice to Allan Schwartz (Std. 108)

TEXT:

It is our understanding that NHTSA is reviewing questions and concerns from the various states regarding installation of neon lighting units to the underside and/or other portions of motor vehicles.

The Ohio Department of Public Safety has received inquiries regarding the legality of neon lighting installation to vehicles operated in this state. While Ohio law does not specifically prohibit installation of underbody neon lighting, in responding to such inquiries, we have noted that such lighting may be in violation of one or more of Ohio's vehicle lighting statutes.

The two sections of Ohio law to which we frequently refer are (1) Ohio Revised Code Section 4513.17 when someone proposes installing red or blue neon lighting because it prohibits equipping a motor vehicle with, and displaying flashing red, or flashing red and white or flashing blue, or flashing blue and white light except for law enforcement officials and (2) Ohio Revised Code Section 4513.13 which requires that side cowl, fender or side lights emit a white or amber light without glare. Regarding O.R.C. Section 4513.13, we have noted that while proposed neon lighting may be mounted underneath the vehicle rather than on the vehicle side as addressed in this statute, such neon lighting-installed vehicles may result in confusion to other drivers regarding the placement, the purpose, and the effect of the proposed lighting. This confusion to motorists would be of special concern when vehicles are operated on rural highways.

Also, under ORC 4513.12 addressing spotlights and auxiliary driving lights, motor vehicles may not be equipped with more than three auxiliary driving lights on the front of the vehicle. We feel that in certain conditions, underbody neon lights could also bi mistaken for auxiliary driving lights.

We have additionally suggested that those inquiring contact NHTSA for information on applicable federal regulations. We would appreciate any guidance you might be able to provide in this area.

For your information, I am forwarding copies of the following Ohio statutes and administrative code sections which address vehicle lighting and equipment standards:

ORC Sections 4513.02 through 4513.19 addressing Ohio vehicle lighting, ORC Section 4513.261 addressing directional signals,

OAC Section 4501:2-1-09 addressing motor vehicle equipment standards for lighting, OAC Section 4501:2-1-10 addressing motor vehicle equipment standards for turn signals and OAC Chapter 4501-15 addressing Ohio vehicle lighting.

Thank you for any information and guidance you are able to provide in addressing the possible hazards and confusion presented by underbody-mounted neon lighting.

ID: nht93-5.9

TYPE: Interpretation-NHTSA

DATE: July 7, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company

TITLE: None

ATTACHMT: Attached to letter dated 5/17/93 from Thomas D. Turner to John Womack (OCC-8680)

TEXT:

This responds to your letter of May 17, 1993, regarding a final rule published November 2, 1992 (57 FR 49413) amending Standard No. 217, Bus Emergency Exits and Window Retention and Release. Both questions relate to S5.5.3(c) of Standard No. 217, which was added by the final rule to read as follows:

Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white or yellow in color that when tested under the conditions specified in S6.1 of 571.131, meets the criteria specified in Table 1.

Your two questions and the answer to each follows.

1. The March 15, 1991 NPRM of Docket No. 88-21; Notice No. 2 proposed the use of "one inch wide" retro-reflective tape and item 10 of the Supplementary Information section of the final rule discussed the final rule requirement of a "minimum 1 inch wide strip of retro-reflective tape." The conversion to metric units in the final wording resulted in requirement for a "minimum 3 centimeters wide retro-reflective tape." Since the logic and rationale for the requirement is based on the use of one inch wide tape and because retro-reflective tape is currently not commercially available in metric widths, Blue Bird requests an interpretation or a change in the rule to require the tape be 1 inch or 2.5 centimeters wide rather than 3 centimeters wide.

Based on your description, the conversion of 1 inch in S5.5.3 (c) to 3 centimeters (cm) resulted in a .46 cm increase in the minimum size retroreflective tape which must be used. You also note that 3 cm retroreflective tape is not commercially available.

You are correct that there is a discrepancy between the NPRM and the final rule about the size of the tape. Pursuant to Executive Order 12770 (56 FR 35801; July 29, 1991), the agency converted U.S. units of weights and measurements to "metric equivalents" in the November 2, 1992 final rule (57 FR 49413, 49422). The term "metric equivalents" was used by the agency because the metric conversion was not intended to result in a substantive change of the final requirements. The .46 cm increase in the tape size was thus inadvertent. In light of the issues raised by your letter, we plan to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, we will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

2. Blue Bird is in the process of developing exit marking designs to conform to the requirement that "each opening for a required emergency exit shall be outlined around its outside perimeter....." The retro-reflective tape commercially available for this application is stiff and will not conform to rivet heads, curved surfaces, and other discontinuities. It must be located to avoid rivets, rubrails, hinges or curved surfaces and/or must have relief holes punched in it to allow installation over rivet heads. Attached are photographs of various emergency exits with tape installed around their perimeters. The photographs are labeled to illustrate the problem areas encountered and the discontinuities required to install the tape. Blue Bird requests interpretations that the tape outlining the perimeter of the exit shall be installed such that the edge of the tape closest to the emergency exit opening is not greater than 6 inches from the edge of the opening and that splits, interruptions, discontinuities and holes in the tape are allowed to avoid and/or accommodate rivets, rubrails, hinges, handle, curved surfaces, and other function components located around the exit opening.

In a June 22, 1993 phone conversation with Mary Versailles of my staff, you explained that applying the retroreflective tape over rivets, rubrails, hinges, and other irregular surfaces would result in raised areas of the tape. You believe these raised areas would allow dirt and moisture to get under the tape, and eventually result in the lifting of all or most of the tape. You also explained that you believed it was preferable to place the retroreflective tape adjacent to rivets (as is seen in the photographs you enclosed of the roof exit viewed from the front of the bus), rather than punching holes in the tape to accommodate the rivets (as in the pictures of the rear push out window or rear door), for two reasons. First, you explained that the tape is placed on the bus as one of the last steps in manufacturing a bus. If the tape must be placed over rivets, holes must be punched in the tape and the tape positioned over the rivets, which results in a very labor intensive process. Second, you explained that the edges of the tape are sealed to prevent raveling. Since holes punched into the tape for the rivets are not sealed, these holes make it easier for the tape to wear and peel off.

NHTSA interprets S5.5.3(c) to allow interruptions in the tape necessary to avoid and/or accommodate curved surfaces and functional components, such as rivets, rubrails, hinges and handles, provided, however, that the following requisites are met. In the November 2, 1992 final rule, NHTSA indicated that the purpose of the retroreflective tape would be to identify the location of emergency exits to rescuers and increase the on-the-road conspicuity of the bus. Accordingly, the retroreflective tape may have interruptions if they satisfy both of these purposes. The occasional breaks in the tape you described would not appear to negatively affect a rescuer's ability to locate the exits, or reduce the conspicuity of the bus. However, the tape should be applied as near as possible to the exit perimeter. While we do not anticipate the nearest possible location for the tape to be further than your suggested distance of six inches from the exit, it seems that for most exits, the nearest possible location would be far less than six inches. When rivets are present, NHTSA will defer to a manufacturer's decision to apply the retroreflective tape immediately adjacent to the rivets, rather than over the rivets, if the manufacturer decides that this will increase the durability of the tape.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992.

ID: nht93-6.1

DATE: August 5, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA; signature by Kenneth N. Weinstein

TO: Cary Klingner -- Trison Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/12/93 from Cary Klingner to John Womack (OCC-8874)

TEXT:

We have received your letter of July 12, 1993, with respect to Trison's "Daytime Running Lights" module. You have heard that "federal regulations were modified earlier this year that may affect this concept", and ask whether the device "complies with the regulations."

As you have described it, the product activates the lower beam headlamps whenever the engine is running, and may be overridden by the vehicle's headlamp switch. The module "can be installed by any car owner."

On January 11, 1993, we amended Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment to permit motor vehicles to be manufactured with front lamps (other than parking and fog lamps) wired to operate automatically during daytime. Before the amendment, paragraph S5.5.3 of Standard No. 108 required taillamps to be activated when the headlamps are activated. However, the amendment modified this requirement to state that taillamps "need not be activated if the headlamps are activated at less than full intensity" when in use as daytime running lamps. I enclose a copy of the amendment for your information. We have received petitions for reconsideration of aspects of the rule other than S5.5.3, and it is possible that the standard will eventually be amended in response to them.

The amendment does not establish requirements for aftermarket equipment such as your module. There is no Federal restriction on the sale of the module, but there are restrictions on its installation on new vehicles. A manufacturer, distributor, and dealer of a new motor vehicle must deliver it in full compliance with the Federal motor vehicle safety standards. As we understand it, your module would activate the lower beam headlamps at their full intensity, and the taillamps would not be activated until the main headlamp switch was used. This would create a noncompliance with S5.5.3, since the taillamps must be activated when the headlamps are activated at full intensity. In addition, the module also impairs the effectiveness of the taillamps within the meaning of a prohibition imposed by S5.1.3. For these reasons, a manufacturer or dealer could not legally install the module on a new motor vehicle before its sale to its first purchaser for purposes other than resale.

With respect to installation of the module in a vehicle after its first sale, under the National Traffic and Motor Vehicle Safety Act (the Act), no manufacturer, distributor, dealer, or motor vehicle repair business may "render inoperative, in whole or in part," lighting equipment required by Standard No. 108. Because the taillamps apparently will not operate when

the lower beam headlamps are activated at full intensity by the module, in our opinion, the taillamps have been rendered inoperative within the meaning of the statutory prohibition.

However, the module can be installed by the vehicle owner. The statutory prohibition does not apply to the vehicle owner, and modifications by the owner are subject only to State law. We are unable to advise you on State laws and recommend that you seek an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We do not understand your remark that "Minnesota law only requires that the headlamps be on so with our module no other lights or markers will be illuminated," and believe that your interpretation must be incorrect. Under the Act, if a State has a standard on lighting performance, it must be identical to the Federal standard.

I hope that you find this information helpful.

ID: nht93-6.10

DATE: August 13, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Alan Niedzwiecki -- Director of Business Development, EDO Corporation

TITLE: None

ATTACHMT: Attached to letter dated 6/22/93 from Alan Niedzwiecki to John Womack

TEXT:

This responds to your letter requesting information about this agency's activities related to cylinders for "compressed natural gas (CNG) vehicle on-board motor fuel storage." According to your letter, EDO is developing an all-composite cylinder that has a safety factor of 3.5. You further explained that your company is planning to begin a conversion program using these cylinders.

Mr. Marvin Shaw of my staff discussed your letter with your associate, Mr. John Vincenzo. Mr. Vincenzo said that EDO knows that the National Highway Traffic Safety Administration (NHTSA) is conducting a rulemaking related to CNG cylinders. Mr. Vincenzo seeks confirmation that, until a rule results from that rulemaking, there is no Department of Transportation regulation with which your company is required to comply before you start your conversion program.

By way of background information, NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA also investigates safety-related defects in motor vehicles and items of motor vehicle equipment.

At present, NHTSA has not issued any standard applicable to CNG cylinders or any regulation dealing with the conversion of vehicles to be equipped with such cylinders. Therefore, until such time as a standard is issued, you are correct that you are not required to comply with any NHTSA safety standard related to CNG fuel systems.

However, please be aware that manufacturers of CNG tanks and vehicles 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 NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, NHTSA has certain restrictions on vehicle fuel system conversions, depending on who does the conversion and when the work is done. I have enclosed a discussion that sets forth the implications under our present regulations of converting new and used gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses NHTSA's vehicle alterer requirements (49 CFR S567.7) which apply to work on new vehicles, and the Safety Act's "render inoperative" provision (S 108(a)(2)(A)), which applies to

work on new and used vehicles. Section 108(a)(2)(A) prohibits vehicle manufacturers, distributors, dealers and repair businesses from "knowingly rendering inoperative, in whole or in part, any device or element of design installed ... in compliance" with any FMVSS. Please contact us if you have further questions relating to the enclosed discussion.

I also note that the enclosed discussion is based on the FMVSS's that are currently in effect. As you know, NHTSA issued a proposed rule for CNG tanks and vehicles using CNG as a fuel. (58 FR 5323, January 21, 1993). If the agency were to ultimately decide to adopt the proposal, it would be necessary for NHTSA to revisit the "render inoperative" issues that relate to vehicle conversions. For example, if NHTSA were to issue a safety standard for CNG cylinders, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on new or used vehicles converted to CNG fuel.

With regard to present requirements for vehicle conversions, you should also note that the Federal Highway Administration (FHWA) of this Department has operational and equipment requirements for commercial vehicles used in interstate commerce. For information about possible FHWA requirements affecting your conversions, you can contact that agency's Chief Counsel's office at (202) 366-0650.

You were particularly interested in NHTSA's proposed rule for CNG tanks and vehicles using CNG as a fuel. In response to that proposal, the agency received over 55 comments (including one from your corporation), which we are currently analyzing. We expect our next regulatory decision in early 1994. In addition, please be aware that the January 1993 notice was a proposal and does not necessarily reflect the precise requirements that will be contained in the final rule.

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

ID: nht93-6.11

DATE: August 13, 1993 EST

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Kenneth E. Ross

TITLE: None

ATTACHMT: Attached to letter dated 6/14/93 from Kenneth E. Ross to Consumer Coordinator, NHTSA (OCC 8830)

TEXT:

This responds to your letter requesting information about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. 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 certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs).

In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. 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 subject 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 determines 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.

Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing.

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 inoperative ... 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 rear window, could "render inoperative" the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS 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 a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility.

We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.

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: nht93-6.12

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Howard Schecter

TITLE: None

ATTACHMT: Attached to letter dated 6/23/93 from Howard Schecter to Office of Cheif Counsal (Chief Counsel), NHTSA

TEXT:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number - basic requirements (49 CFR S571.115). In a telephone conversation with Dorothy Nakama of my staff, you explained that you own a three-wheel motorcycle built with all used parts. The engine and other parts are from a used Corvair passenger car, and additional parts are from used motorcycles. Your letter asks whether your motorcycle must be assigned a vehicle identification number (VIN). The answer is no.

Standard No. 115 applies to new motor vehicles, including motorcycles. NHTSA does not consider your motorcycle as new, since it was built entirely out of used parts. Since Standard No. 115 applies only to new motor vehicles, and NHTSA does not consider your motorcycle to be new, the motorcycle's rebuilder need not, under NHTSA's regulations, assign a VIN to the motorcycle.

Your letter stated that the State of Hawaii's Reconstructed Vehicle Department (RVD) would not register your motorcycle since it has no VIN. Registration procedures for motor vehicles are set by each State, not NHTSA. However, we suggest that you show this letter to the RVD officials to explain that your motorcycle need not be assigned a VIN under NHTSA's regulations.

I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama at (202) 366-2992.

ID: nht93-6.13

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Han Dinh -- Project Manager, United States Postal Service

TITLE: None

ATTACHMT: Attached to letter dated 6/17/93 from Han Dinh to Steven P. Wood (OCC 8783)

TEXT:

This responds to your letter requesting information about the conversion of postal vehicles to operate on compressed natural gas (CNG). You explained that you are deciding which specifications to apply to the CNG pressure vessels on the converted vehicles. You ask whether we would recommend the American Gas Association's voluntary standard, NGV-2, or the Department of Transportation standard for cylinders which transport CNG.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA also investigates safety- related defects in motor vehicles and items of motor vehicle equipment.

At present, NHTSA has not issued any standard applicable to CNG cylinders or vehicles using CNG as a fuel. However, as you know, NHTSA has undertaken rulemaking on a safety standard for CNG tanks and vehicles. (58 FR 5323, January 21, 1993.) In response to our January 1993 proposal, the agency received over 55 comments, which we are currently analyzing. We expect our next regulatory decision in early 1994. Given that this rulemaking has not been completed, NHTSA is unable to recommend to you a particular course of action with respect to the NGV-2 and DOT standards at this time.

If NHTSA were to issue a safety standard for CNG cylinders and vehicles, the standard would apply to new products, and have applicability to vehicle conversions as follows.

The cylinder regulation would be an equipment standard. Thus, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on vehicles converted to CNG fuel.

The fuel system regulation would apply to new vehicles as manufactured by original equipment manufacturers or as converted prior to the first sale of the vehicle. Once the vehicle is sold, if the vehicle is converted by a commercial converter, the CNG fuel system regulation would apply if the vehicle was manufactured after the effective date of the standard and thus would have been regulated if it had originally been a CNG vehicle. With this in mind, I have enclosed a discussion that sets forth the implications under Federal law of converting gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses S108 (a)(2)(A) of the Safety Act, which prohibits

vehicle manufacturers, distributors, dealers and repair businesses from "knowingly rendering inoperative, in whole or in part, any device or element of design installed . . . in compliance" with any FMVSS.

In addition, please be aware that manufacturers of CNG tanks and vehicles 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 NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. For further information about FHWA requirements, you can contact that agency's Chief Counsel's office at (202) 366-0650.

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: nht93-6.14

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ron D. Belk -- President, Kustom Fit

TITLE: None

ATTACHMT: Attached to letter dated 5/17/93 from Ron D. Belk to John Womack (OCC 8694)

TEXT:

This responds to your letter of May 17, 1993, which is a follow-up to our May 6, 1993, letter in which we explained the self-certification process, "render inoperative," and "due care." You include information from tests you have done to determine whether seats you manufacture can be installed in vehicles that must comply with requirements for dynamically tested manual belts in Standard No. 208, Occupant Crash Protection (49 CFR S571.208), which specifies performance requirements for the protection of vehicle occupants in crashes.

You have experienced difficulties because of variability in belt pay-out ranging from 2.25 inches to 4.9 inches and asked whether Standard No. 209, Seat Belt Assemblies (49 CFR S571.209) allows this much variability. It is unclear from the information you provided what is causing the belt pay-out you are experiencing. I note that S4.3(i) of Standard No. 209 limits the amount of webbing which can extend from an automatic-locking retractor prior to the retractor locking. A similar requirement for webbing-sensitive emergency-locking retractors is included in S4.3(j). Section 4.6 of Standard No. 209 excepts dynamically tested manual belts from the requirements of S4.2(a)-(f) and S4.4 of Standard No. 209, however, these belts must still comply with S4.3. The test for compliance with sections S4.3 (i) and S4.3 (j) are different from the tests you have been performing. Therefore, your tests would not indicate whether the seat belt assembly complies with these requirements of Standard No. 209.

You also asked for further advice on how to reassure your customers that vehicles will comply with Standard No. 208 with your seat installed. It is possible that you may not be able to do this. As explained in our previous letter, Standard No. 208 is applicable to vehicles and not to individual items of equipment (except for pressure devices and explosive devices used in air bags). Therefore, you, as the seat manufacturer, would have no certification responsibilities under standard No. 208. The vehicle manufacturer is required to certify compliance with Standard No. 208. This is because compliance with Standard No. 208 is dependent on a variety of factors, including the seat, the seat belts, and the vehicle interior. Because you manufacture only the seat, you cannot control the other factors, and, therefore, probably cannot provide your clients with all the information they need in order to certify their vehicles compliance with Standard No. 208. However, you should be able to provide them with information on your seats that they can use to help determine if their vehicles comply with Standard No. 208.

Finally, you asked whether NHTSA would impose liability on you or the seat belt manufacturer if we discovered an apparent non-compliance with Standard No. 208. Because Standard No. 208 applies to the vehicle, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) imposes liability for non-compliance on the vehicle manufacturer, not the seat or seat belt

manufacturer. However, state law may allow the vehicle manufacturer to recover damages from the manufacturer of either the seat or the seat belt.

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

ID: nht93-6.15

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ron Marion -- Sales Engineer, Thomas Built Buses, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/2/93 from Ron Marion to Marvin Shaw (OCC 8838)

TEXT:

This responds to your inquiry about the applicability of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1381, "Safety Act") requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. S 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm "on the left side of the bus." (S5.4) The purpose of this standard is "to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus." (S2)

When NHTSA specified that the stop arm must be placed on "the left side of the bus," the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, "the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window." (Emphasis added).

This provision indicates that the agency assumed that the "left" side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle.

Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the DRIVER'S side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side.

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.

ID: nht93-6.16

DATE: August 17, 1993

FROM: Erika Z. Jones -- Mayer, Brown & Platt

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10/7/93 from John Womack to Erika Z. Jones (A41; Std. 213)

TEXT:

I am writing to confirm our interpretation of FMVSS 213, S5.2.3.2, regarding the covering required on a surface that can be contactable by a child's head.

That provision requires that a contactable surface be covered by material with a specified compression deflection and a minimum thickness of 3/4 inch for materials having a 25 percent compression-deflection resistance of less than 1.8 psi.

As I understand this provision, the required covering material need not be provided in a single piece, as long as the material taken together would satisfy the compression deflection and minimum thickness requirements. Specifically, we understand that the requirement could be met by providing energy absorbing material in two pieces -- one piece bonded to the seat shell and one piece contained within the back of the permanently attached seat cushion, if the combined thickness of the two pieces is at least 3/4 of an inch.

We appreciate knowing whether you concur with this understanding of the requirements of FMVSS 213. Thank you for your attention to this request.