ID: nht73-5.47

DATE: 10/02/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: United States Senate

COPYEE: D. FAY; M. P. PESKOE

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 23, 1973, forwarding to us correspondence from Mr. G. H. Nichols, President, Midwestern Products, Incorporated, Tulsa, concerning the applicability of Federal regulations to an air suspension auxiliary axle manufactured by Midwestern Products. According to the manufacturer's advertising brochure, this axle, the "Micro-Air Retractable Safety Axle, is intended to be used on pick-up and bobtail trucks, particularly in the recreational vehicle and related fields.

There are presently no Federal motor vehicle safety standards or regulations that apply to the manufacture of these axles. However, persons who install them on new pick-up trucks or other vehicle types (a "new" vehicle under the National Traffic and Motor Vehicle Safety Act is one that has not yet been sold to a user) may be considered as vehicle alterers under provisions of NHTSA Certification regulations which are to become effective February 1, 1974 (Docket No. 72-27; copy enclosed), and would be required to affix to the vehicle the label described in section 567.7 of those regulations.

Midwestern Products should be aware of these requirements whether it installs the Micro-Air axle or whether the installation is done by other parties. In the former case Midwestern would be responsible for affixing the required label, and in the latter it should provide the relevant information for the label regarding weight ratings to the party making the installation.

The NHTSA does not maintain a mailing list to provide copies of NHTSA notices and regulations. Copies are

available as indicated on the enclosed sheet, "Where to Obtain Motor Vehicle Safety Standards and Regulations."

We are pleased to be of assistance.

2 ENCLS.

ID: nht73-5.11

DATE: 10/02/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 23, 1973, forwarding to us correspondence from Mr. G. H. Nichols, President, Midwestern Products, Incorporated, Tulsa, concerning the applicability of Federal regulations to an air suspension auxiliary axle manufactured by Midwestern Products. According to the manufacturer's advertising brochure, this axle, the "Micro-Air Retractable Safety Axle," is intended to be used on pick-up and bobtail trucks, particularly in the recreational vehicle and related fields.

There are presently no Federal motor vehicle safety standards or regulations that apply to the manufacture of these axles. However, persons who install them on new pick-up trucks or other vehicle types (a "new" vehicle under the National Traffic and Motor Vehicle Safety Act is one that has not yet been sold to a user) may be considered as vehicle alterers under provisions of NHTSA Certification regulations which are to become effective February 1, 1974 (Docket No. 72-27; copy enclosed), and would be required to affix to the vehicle the label described in section 567.7 of those regulations.

Midwestern Products should be aware of these requirements whether it installs the Micro-Air axle or whether the installation is done by other parties. In the former case Midwestern would be responsible for affixing the required label, and in the latter it should provide the relevant information for the label regarding weight ratings to the party making the installation.

The NHTSA does not maintain a mailing list to provide copies of NHTSA notices and regulations. Copies are

$92 available as indicated on the enclosed sheet, "Where to Obtain Motor Vehicle Safety Standards and Regulations."

We are pleased to be of assistance.

2 ENCLS.

ID: nht88-1.4

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/88 EST

FROM: DONALD N. STAHL -- DISTRICT ATTORNEY; JOHN T. FORTH -- CRIMINAL INVESTIGATOR, OFFICE OF DISTRICT ATTORNEY MODESTO CA

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: MCCOY TIRE SERVICE CENTER D.A. NO. CF696

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z JONES TO DONALD N. STAHL; REDBOOK A33, STANDARD 119; LETTER DATED 03/01/88 FROM DAVE TAYLOR TO JOHN FORTH; LETTER DATED 07/13/87 FROM ERIKA Z JONES TO JACK DENIJS; LETTER DATED 05/19/87 FROM JACK D ENIJS TO CHIEF COUNSEL, NHTSA; OCC - 500; RE COVERED DOT NUMBERS ON REMANUFACTURED TRUCK CASINGS

TEXT: Dear Ms. Jones:

Our office is currently conducting an investigation pursuant to Section 17200 of the California Business and Professions Code (unfair business practice).

The case was brought to our office's attention on January 28, 1988, by the California Highway Patrol (CHP). A routine inspection of a local school district's buses disclosed new recapped tires on a bus which had no D.O.T. markings on the tire casing. The CHP learned during the course of their investigation that these tire casings were originally designed for use by a rubber tire train in Japan and were new tires that had been imported for recapping purposes. The CHP investigation disclosed the tir e casings were imported as slicks (no tread design) and the slick was removed. The tires were then recapped using the "bondag" process and resold by the captioned company to the school district.

We contacted Mr. Dave Taylor, Regional Manager/Field Engineer of Bridgestone (USA) Inc., as the tire casings were manufactured by Bridgestone. Attached as Exhibit 1 is his response regarding these tires. His response also indicated the tire was spec ifically designed for rubber tire subway trains in Japan. He also wrote, ". . . is not suitable by any means for highway use", referring to the tires themselves in his letter.

Mr. Taylor also included in his letter a copy of an opinion by your office (date unknown) indicating that tire casings could be imported for recapping use. The letter refers to a June 18, 1981, letter from former Chief Counsel Frank Bundt to Mr. Ray L ittlefield. Attached as Exhibit #2 is a copy of a letter from your office to Mr. Jack DeNijs which refers to these two mentioned opinions.

I have also included as Exhibit #3 a CHP drawing of the tires in question depicting all the markings on the tire casing. Three (3) of these tires are currently being held as evidence by the CHP.

We are requesting an opinion as to the following: 1. Is it permissible to import this type of tire casing?

2. If it is permissible to import this tire casing, does this particular type of tire casing meet Department of Transportation standards?

Your prompt handling of this matter would be greatly appreciated as the above captioned company wants the tires back. If I can be of further assistance, please contact me at telephone number (209) 525-5550.

Enclosures

ID: nht73-3.20

DATE: 02/07/73

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: Michael J. Long

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 30, 1973, concerning acrylic headlamp covers.

Federal Motor Vehicle Safety Standard No. 108 Incorporates Society of Automotive Engineers (SAE) Standard J580a, which prohibits the use of acrylic headlamp covers as original equipment. The requirements of SAE Standard J580a have also been incorporated in a number of State regulations, which are applicable to vehicles in use. Copies of Standard No. 108 and SAE Standard J580a are enclosed for your information.

A Notice of Proposed Rule Making (Docket 69-19; Notice 3) on Standard No. 108 was issued on October 16, 1972. This Notice includes a provision for optional use of headlamp covers which conform to certain performance requirements. Such requirements are specified in paragraph S7.9 of the Notice (copy enclosed). Acrylic Industries Pty. Ltd. may be interested in commenting on this proposed revision of Standard No. 108. The closing date for comments is April 18, 1973.

If you have any questions on the enclosed documents, please do not hesitate to contact me.

ID: nht71-1.33

DATE: 04/20/71

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: WARREN M. BARNETT

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 23, 1971, requesting advice on the acceptability of your regrooving pattern for regrooved tires.

Enclosed is a copy of the Rules and Regulations on regrooved and regroovable tires as it appears in the Federal Register published January 24, 1969, under Section 369.7(a)(1) Requirements, "After regrooving, the new grooves generated into the tread material and any residual original molded tread groove which is at or below the new regrooved groove depth, shall have a (Illegible Word) of 90 linear inches of tread edges per linear foot of tire circumference."

There are no measurements on your drawings to assist us in determining if your zig-zag grooves and the three circumferencial grooves measure 90 linear inches. Three straight circumferential grooves would only provide approximately 72 linear inches.

The use of lateral cuts should substantially increase the tread edge measurements; providing the lateral cuts are from shoulder to shoulder to allow unobstructed fluid escape passages as required in Section 369.7(a)(5).

Thank you for your interest in tire safety.

Enclosure

ID: 11708DRN

Mr. Mike Graham
Business Administrator
Damascus Community Church
14251 S.E. Rust Way
Boring, OR 97009

Dear Mr. Graham:

This responds to your letter to Mr. James Hedlund, the National Highway Traffic Safety Administration's (NHTSA=s) Associate Administrator for Traffic Safety Programs, asking about the term school "related activities" included in NHTSA's August 1995 bulletin, "Frequently Asked Questions About Federal School Bus Safety Requirements." The term derives from the definition of "school bus" in the federal statute administered by NHTSA.

"Schoolbus" is defined at Title 49 of the United States Code, section 30125(a)(1) as:

a passenger motor vehicle designed to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school. (Emphasis added.)

NHTSA's safety standards are codified at Title 49 of the U.S. Code of Federal Regulations, Part 571. At Part 571.3, Definitions, we define "school bus" as:

a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation. (Emphasis added).

Your letter specifically refers to the "Federal Motor Carrier Safety Regulations." These are promulgated by the Federal Highway Administration (FHWA), our sister agency in the U.S.Department of Transportation. For further information about the motor carrier safety regulations, please contact the FHWA Chief Counsel's office at (202) 366-0740.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:vsa d:4/24/96

ID: nht89-1.88

TYPE: Interpretation-NHTSA

DATE: May 12, 1989

FROM: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TO: Billy Mohr -- Commander, Support Section, Motor Carrier Division, Department of State Police

TITLE: None

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 8/9/93 from Donald W. Vierimaa to John Womack and letter dated 5/16/89 from Billy Mohr to Donald W. Vierimaa

TEXT:

Please advise us as to whether he attached sketches properly interpret the Michigan bumper, trailer "wheelbase", and side marker lamp requirements for the length of trailers shown. We would appreciate a copy of the actual regulations or law for referenc e purposes describing the bumper, lighting, and kingpin to center of tandem/single axle requirements.

Regarding the lighting requirements for trailers longer than 50 feet as described in your letter of March 27, 1989, we assume that the "two clearance lamps" described in (8)(c) of the regulations describes the "intermediate side marker lamps" regulated b y NHTSA in FMVSS 108. If indeed Michigan is requiring two additional intermediate side marker lamps to those required by FMVSS 108, then it would appear that your requirement is invalid as FMVSS 108 preempts State regulations which substantially differ. Please see excerpts from NHTSA legal interpretations on this subject in the attachment to TTMA RP No. 9, section 1.0.

Thank you in advance for further clarifying your regulations for our member trailer manufacturers.

ID: nht88-3.64

TYPE: INTERPRETATION-NHTSA

DATE: 10/05/88

FROM: BYUNG M. SOH -- TARGET MARKETING SYSTEMS INC

TO: TAYLOR VINRON -- OFFICE OF CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/25/89 FROM ERIKA Z. JONES -- NHTSA TO BYUNG M. SOH, REDBOOK A33(6); VSA 108(A)2(A); STANDARD 108; STANDARD 211

TEXT: Dear Sir:

We would like to have your opinion on the enclosed Hub Cap, whether it violates any applicable Federal Motor Vehicle Safety Standards.

It is structured to meet FMVSS No. 571.211. We, however, feel that incorporation of LED's on the hub cap need to be clarified from your office. As described in our press release, the intensity of the LED is maximum 40mmAmp, and it is designed solely fo r cosmetic purpose, not for illuminating purpose.

Your immediate reply would be appreciated.

Thank you.

Sincerely,

Enc.: 1. our press release 2. color photo of product in motion

STARRACE Self-Lighting Hub Cap

What is STARRACE Self-lighting Hub Cap?

A Hub Cap that has a self-contained motion activating generator in the core of the Hub Cap, and made of durable, rust-proof, virgin ABS. Maintenance Free and requires NO special tools or knowledge for installation. This innovative concept is patented i n 18 countries including the U.S.A. Requires NO wiring and can be installed/replaced just a easily as replacing a regular Hub Cap.

How will STARRACE Self-Lighting Hub Cap Work?

STARRACE has 14 LED lights aligned on a linear plane of a hub cap diameter, and self-motion activation generator which could generate a minimum 20 to a maximum 40 mmAmps/LED's depending on the RPM's. Intensity of the LED lights proportionate to the spee d of the vehicle, as it triggers ON/OFF automatically by motion.

Target Market of the STARRACE Self-lighting Hub Caps?

According to our survey, major demographic target market falls in those ages between 18 to 35, male and female, nationwide: People who spend a considerable amount of money for automotive accessories should be a primary target group. The secondary target group could be those who drive major or rural highways daily. An excellent Safety device by enhancing visibility to other driver in addition to its unique cosmetic purpose. Another substantial potential market is a segment of car owners who like to dec orate their cars to distinguish them from others. STARRACE will certainly satisfy ego's of those sectors.

ID: nht80-3.34

DATE: 08/06/80

FROM: F. Berndt; NHTSA

TO: British Standards Institution

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 24, 1980, regarding Safety Standard No. 205, Glazing Materials. It is your impression that the standard specified different AS numbers for glazing in vehicles depending on whether the vehicle is capable of exceeding speeds of 20 mph. You inquired whether such a speed capability distinction applies to "off-highway" vehicles such as a 180 degree backhoe/loader is not a motor vehicle, the standard is inapplicable. Our last letter to you, dated April 10, 1980, explained which vehicles are included under the definition of motor vehicles.

Although the vehicle's speed capability has no bearing on what type glazing is required, it may be a factor in determining the applicability of our standards. As stated in our last letter, vehicles incapable of attaining speeds in excess of 20 mph and whose configuration distinguishes them from the traffic flow are not considered motor vehicles and are thus outside of our statutory authority.

ID: nht74-1.6

DATE: 09/11/74

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

TO: International Harvester

TITLE: FMVSS INTERPRETATION

TEXT:

SEP 11 1974

Mr. K. W. Berner Manager Component Design & Development International Harvester Truck Division Engineering 2911 Meyer Road Fort Wayne, Indiana 46803

Dear Mr. Berner:

This is in reply to your letter of August 13, 1974, to Dr. Gregory asking for confirmation of your interpretation of S5.3.1(b) of Motor Vehicle Safety Standard No. 105.

Paragraph S5.3.1(b) states that an indicator lamp shall be ?????? whenever there is "A drop in the level of brake fluid in a master cylinder reservoir to less than . . . one-fourth of the fluid reservoir capacity in any reservoir compartment ...." This will confirm that the lamp must activate whenever the fluid in any compartment is less than one-fourth the capacity of that compartment, rather than one-fourth the total capacity of the reservoir regardless of the number of compartments.

Yours truly,

Richard B. Dyson Acting Chief Counsel