ID: nht94-4.88

TYPE: INTERPRETATION-NHTSA

DATE: November 28, 1994

FROM: Melinda Dresser -- Manager Contracts/Transportation, Carlin Manufacturing

TO: Mary Versailles -- Office of Chief Counsel, NHTSA

TITLE: RE: Swivel Seats

ATTACHMT: Attached to 1/13/95 (est.) letter from Philip Recht to Melinda Dresser (A43; Std. 207)

TEXT: Carlin Manufacturing, Inc. is a manufacturer of custom mobile kitchens and specialty vehicles, using manufacturing license #23791. We are currently manufacturing two (2) Command Post Vehicles for the California Highway Patrol. We are installing a driver and front passenger seat with a swivel base. We were informed from several seat manufacturers and vendors, that swivel bases on seats are not allowed per 49 C.F.R. part 571 section 207 and 208.

On November 4, 1994, you were kind enough to fax me a letter regarding a similar type of application. The letter dated November 25, 1992, stated there wasn't a Federal law prohibiting a person from adding a swivel base to a seat. However, installation must be done in such a way that the seats and safety belts continue to provide the safety protection mandated by the safety standards.

Even though I still don't find any restrictions in section 207 and 208, we are requesting a current written determination from your office.

If you should have any questions or need clarification, please feel to call contact me at 209/276-0123. Thanking you in advance.

ID: nht94-4.89

TYPE: INTERPRETATION-NHTSA

DATE: November 28, 1994

FROM: Melinda Dresser -- Manager Contracts/Transportation, Carlin Manufacturing, Inc.

TO: Philip R. Recht -- Office of Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached to 1/9/95 letter from Philip Recht to Melinda Dresser (A43; Std. 108)

TEXT: Carlin Manufacturing, Inc. designs and manufactures mobile kitchens and specialty vehicles for organizations such as Pizza Hut, Burger King, McDonald's, Salvation Army, and California Department of Forestry. We also build units for off-premise caterers, fire fighters, emergency service organizations, and all branches of the armed forces.

As a vehicle manufacturer, (license #23791) our vehicles conform to applicable federal and California standards, including, but not limited to, California Department of Motor Vehicles, California Code of Regulations, and National Highway Traffic Safety A dministration.

We are currently in the final manufacturing stage for six (6) driveable "Wienermobiles" for Oscar Mayer. Since the outside structure is not a typical configuration, we are asking for a ruling determining the requirements for exterior lighting, as per 49 C.F.R. Part 571 section 108. Please review the attached drawings showing the location of the exterior lighting; including headlights, tailights, side and front markers.

Please advise at your earliest convenience, whether our application of exterior lighting for the "Wienermobile" will meet Federal Motor Vehicle Safety Standards and Regulations. Our "Wienermobile" program is on HOLD pending your determination. Since th ree of the Oscar Mayer "Wienermobiles" are scheduled for a nationwide rollout January 1, 1995, your prompt reply to this project will be greatly appreciated.

If you should have any questions, please feel to call contact our Project Engineer, Anton Holty, at 209/276-0123, for further clarification.

Thanking you in advance,

Sincerely,

ID: nht94-4.9

TYPE: Interpretation-NHTSA

DATE: August 26, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Sally O'Cordan -- Ashley, Hannula & Halom (Superior, WI)

TITLE: None

ATTACHMT: Attached to letter dated 7/5/94 from Sally O'Cordan to Office of Chief Council, NHTSA

TEXT:

This responds to your question about whether any Federal motor vehicle safety standard (FMVSS) applies to glass used in a travel trailer. You stated that your law office was investigating an accident in which an individual was injured by glass of such a vehicle.

Please be aware that no FMVSS applies to the glazing (the term the agency uses for glass) in trailers. The agency has issued one standard, FMVSS No. 205, Glazing Materials, (49 CFR S571.205), which applies to glazing in some motor vehicles. However, th is standard does not apply to glazing in trailers, which our regulations define as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle" (49 CFR S571.3).

You may wish to contact the State of Wisconsin about the regulation of glass in trailers. The State has the authority to regulate the operation and modification of vehicles by their owners. Wisconsin may have used this authority to issue regulations ab out glazing in travel trailers.

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: nht94-4.90

TYPE: INTERPRETATION-NHTSA

DATE: November 29, 1994

FROM: Michael Love -- Manager, Compliance, Porsche Cars North America, Inc.

TO: Chief Counsel, NHTSA

TITLE: Re: Request for Interpretation - 49 CFR 591

ATTACHMT: ATTACHED TO LETTER DATED 12/22/94 FROM PHILIP R. RECHT TO MICHAEL LOVE (A42; PART 591; PART 592; PART 593)

TEXT: Porsche Cars North America, Inc. ("Porsche Cars N.A.") is the authorized importer and distributor of Porsche vehicles in the United States. Effective 1/1/95, Porsche Cars N.A. will become the authorized importer and distributor of Porsche vehicles in Ca nada. All Porsche vehicles for Canada are built as close as possible to U.S. specification vehicles, while still complying with Canadian law, resulting in only minor (if any) differences on the various models due to the similarity of the laws in both co untries.

Currently Porsche Cars N.A. imports all U.S. vehicles into Charleston, South Carolina, where they are processed at its Pre-Delivery Inspection (PDI) facility. The processing consists of removing the protective shipping material, cleaning the vehicle, in specting for proper operation of all systems and making any repairs. Porsche believes it is permissible to also import all the vehicles for the Canadian market into the U.S. and process them at the PDI facility in Charleston before exporting them to Can ada under the provision of 49 CFR 591.5(c), which states:

(c) The vehicle or equipment item does not comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, but is intended solely for export, and the vehicle or equipment item, and the outside of the container of the e quipment item, if any, bears a label or tag to that effect.

Does NHTSA agree with this?

Due to the small volume of vehicles sold by Porsche Cars N.A. in the U.S. and Canada and the large number of options available on the vehicles, we foresee the possibility that a Canadian vehicle with a unique combination of options might be sought by a U .S. customer. Porsche Cars N.A. would like to be able to convert such a Canadian specification car to U.S. specification before it has been retail sold. This would include conversion of all equipment and labels so that the vehicle would be in complianc e with all applicable U.S. requirements before it was released from Porsche Cars N.A.'s control.

Porsche Cars N.A. believes this would be permissible for cars imported under provision of 49 CFR 591.5(c) (as discussed above) and still in the U.S. under Porsche Cars N.A. control. Does NHTSA agree with this? Similarly, Porsche Cars N.A. believes it w ould be possible to bring a Canadian vehicle back from Canada (once it has already been processed in the U.S. and exported to Canada) into the U.S. and convert it to U.S. specification, as long as it has not been retail sold and has remained under Porsch e Cars N.A. control. Does NHTSA also agree with this?

If NHTSA does not agree with Porsche Cars N.A. interpretations as stated above, what does NHTSA see as the options available to Porsche Cars N.A. to import and process Canadian specification cars in the U.S.?

Since Porsche Cars N.A. will assume responsibility for importing Canadian vehicles as of January 1, 1995, we would appreciate an answer from NHTSA on these questions as soon as possible.

ID: nht94-4.91

TYPE: INTERPRETATION-NHTSA

DATE: November 29, 1994

FROM: Lori A. Hawker

TO: Chief Council, NHTSA

TITLE: NONE

ATTACHMT: Attached to 2/2/95 letter from Philip R. Recht to Lori A. Hawker (A43; Std. 213)

TEXT: Dear Sir or Madam;

I am proposing to manufacture a product intended for use in an infant car seat. This product or bunting fits inside the car seat. The bunting has slots big enough for the straps on the car seat to thread through the bunting and then reattached to th e car seat as per the design of the car seat.

After attaching the straps properly, the child can be placed in the car seat and the buckle fastened securely. (there is a slot in the bunting for the buckle to fit through. Because the harness is inside the bunting you can zip up the bunting around the infant. This is particularly handy for carrying the child from the house or across the parking lot at the mall to your car.

When you place the car seat in the car, the bunting does not interfere with the placement of the safety belt. You then may unzip the bunting and fold it over. The child now has soft blanket to keep them warm while safely strapped in their car seat. The bunting in no way interferes with the adjustment or function of the safety straps or buckle mechanism when properly installed.

During the winter months, when the winds are blowing the bunting keeps the child safe from the elements while being transported to and from the car. The bunting encourages the use of a car seat and discourages the unsafe use of bulky blankets.

The inner layer of the bunting (insulation) is 8 ounce Polyester Fiberfill. The shell is made from 100% cotton flannel.

I have seen a similar product made in Canada on the market. I would like to know if my product complies with the standards of the U.S. Department of Transportation, National Highway Traffic Safety Administration. Could you please forward information to me as to how I may get this product approved.

Thank you for your attention to this matter.

Sincerely;

Lori A. Hawker

Enclosure

(Drawing omitted.)

ID: nht94-4.92

TYPE: INTERPRETATION-NHTSA

DATE: November 29, 1994

FROM: Allen F. Brauninger -- Attorney, U.S. Consumer Product Safety Commission

TO: Walter Myers, Esq. -- Office of the Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 4/24/95 LETTER FROM PHILLIP RECHT TO ALLEN F. BRAUNINGER (A43; VSA 102(4))

TEXT: Dear Mr. Myers:

As you will recall, during our telephone conversation on November 28, 1994, we discussed a consumer complaint involving a window shade intended for use with an automobile.

I am enclosing a copy of the complaint for consideration by the staff of your agency.

Thanks for your assistance.

Sincerely yours,

Enclosure

CONSUMER PRODUCT INCIDENT REPORT

1. NAME OF RESPONDENT Lisa Ryer

2. PHONE NO. (HOME) (WORK) 609-799-6094 none

3. STREET ADDRESS 8407 Tamarron Dr.

4. CITY Plainsboro STATE ZIP CODE NJ 08536

5. DESCRIBE INCIDENT OR HAZARD, INCLUDING DATA ON INJURIES Consumer was removing daughter from car seat when daughter's sweater got caught on car window shade (shade was suctioned to rear side car window) and her chin was lacerated by the sharp metal ed ge of the metal rod at bottom of shade; Rx at home.

11/94 Consumer reported incident to Mr. Ware at manufacturer's quality -cont-

6. DATE OF INCIDENTS 11/8/94

7. IF INJURY OR NEAR MISS OBTAIN AGE/SEX 35 M/F AND DESCRIBE INJURY: laceration to chin

8. IF VICTIM DIFFERENT FROM RESPONDENT, PROVIDE NAME Danielle

RELATIONSHIP daughter

9. DESCRIPTION OF PRODUCT white/grey soft plastic & metal car window shade

10. BRAND NAME Safety 1st

11. MFR/DISTRIBUTOR NAME, ADDR. & PHONE Safety 1st unknown unknown, MA 00000 unknown unknown unknown unknown

12. MODEL, SERIAL NUMBERS unknown, (size: unknown)

13. DEALER'S NAME, ADDRESS & PHONE Bed, Bath & Beyond unknown Lawrenceville, NJ 00000 unknown

14. WAS THE PRODUCT DAMAGED, REPAIRED OR MODIFIED? YES X NO IF YES, BEFORE OR AFTER THE INCIDENT? after DESCRIBE: damaged: see narrative

15. PRODUCT PURCHASED NEW X USED DATE PURCHASED 4/94 AGE 7 mos.

16. DOES PRODUCT HAVE WARNING LABELS? IF SO, NOTE: unknown

17. HAVE YOU CONTACTED THE MANUFACTURER? YES x NO IF NOT, DO YOU PLAN TO CONTACT THEM? YES NO OTHER?

18. IS THE PRODUCT STILL AVAILABLE? YES X NO IF NOT, ITS DISPOSITION

19. MAY WE USE YOUR NAME WITH THIS REPORT? YES X NO

FOR ADMINISTRATION USE

20. DATE RECEIVED 11/15/94

21. RECEIVED BY (NAME & OFFICE) ldm/HL

22. DOCUMENT NO. H94B0180A

23. FOLLOW-UP ACTION

24. PRODUCT CODE(S)

25. DISTRIBUTION

26. ENDORSER'S NAME & TITLE

CPSC FORM 175 (9/89)

Narrative Continued

control department, who requested shade for inspection and consumer refused.

Distributor phone #: unknown

CPSC Source: NEWS: DEAR ABBY

ID: nht94-4.93

TYPE: INTERPRETATION-NHTSA

DATE: December 6, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: The Honorable Andrea Seastrand -- California State Assemblywoman

TITLE: N

ATTACHMT: ATTACHED TO LETTER DATED 9/23/94 FROM ANDREA SEASTRAND TO JOHN WOMACK

TEXT: Thank you for your letter forwarding the concerns of Mr. Eric Brandt regarding the use of aircraft tires on the dollies that he uses to move houses and other structures on the highway. I am pleased to have this opportunity to respond.

Your office's description of Mr. Brandt's concerns was as follows:

He is upset because the California Highway Patrol has stopped him from his house moving business because he is using aircraft tires on the dollies he uses to move the houses. He thinks that the law is being interpreted incorrectly. He is using low pr ofile tires, and he thinks the law means the high floatation tires. The California Highway Patrol officer told Mr. Brandt to contact the Federal Department of Motor Vehicles and find out. In the meantime, he is out of business. Can we help?

In accordance with your request, we have prepared a response directly to Mr. Brandt (copy enclosed).

If I can be of further assistance, please contact me or Walter Myers of my staff at this address or at (202) 366-2992.

ID: nht94-4.94

TYPE: INTERPRETATION-NHTSA

DATE: December 6, 1994

FROM: Michael A. Holmes -- Farmington Correctional Center

TO: Federico F. Pena -- Secretary of Transportation

TITLE: NONE

ATTACHMT: Attached to 1/11/95 letter from Philip Recht to Michael A. Holmes (A43; Part 571)

TEXT: Dear Sir;

I am an inmate at Farmington Correctional center in Farmington Mo. . When I get out of prison I am wanting to start a business constructing cars and light trucks. I want to do this on a small scale. What I would like from you is information on what laws and statutes exist on this class of vehicle. I am trying to use my time to learn what I will need to know. Before I fell, I was going to college on an electronics degree. I paid for my schooling b y being a mechanic for several years. When I get out I am going to move my degree more toward the mechanical engineering side.

I know this is a strange request, except I feel that my designs of a hydrogen turbine over electric, will be quit enjoyed on the market. I thank you for your time, and your effort. I would appreciate if you could let me know of receiving this letter.

ID: nht94-4.95

TYPE: INTERPRETATION-NHTSA

DATE: December 6, 1994

FROM: David O'Neil -- Manager, Product Development, Hehr International Inc.

TO: Philip R. Recht -- Chief Counsel, NHTSA

TITLE: FMVSS 205 requirements for glass - plastic side windows installed on transit buses.

ATTACHMT: ATTACHED TO 2/14/95 LETTER FROM PHILIP R. RECHT TO DAVID O'NEIL (A43; STD. 205)

TEXT: Hehr International has received a contract to supply 196 bus sets of windows to Neoplan USA Corporation. The buses will enter service with the Los Angeles County MTA.

The passenger and driver side window glazing will be a glass - plastic composite consisting of 1/4 inch tempered glass with DuPont Spallshield 307 laminated to the interior surface.

Hehr requests your interpretation of FMVSS 205 with respect to the following:

1) Certification and Marking - Must the glazing be certified and marked as Item 15B/16B or is it possible to certify and mark the glazing as Item 2/3?

2) Cleaning Instructions - Does a label containing all required instructions which is taped to the glazing satisfy the requirements of paragraph S5.1.2.10?

Production is scheduled to begin by March 1995. We would appreciate receiving your response prior to that time.

If you have any questions regarding this request, I may be reached at (213) 663-1261. Thank you in advance for your prompt attention to this matter.

ID: nht94-4.96

TYPE: INTERPRETATION-NHTSA

DATE: December 6, 1994

FROM: G. Brandt Taylor -- President, Day-Night Mirrors, Inc.

TO: Chief Council -- NHTSA

TITLE: Reference: Code of Federal Regulation Title 49 Section 571.111 Chapter V Standard 111: Rear-view Mirror Paragraph S11. Mirror Construction

ATTACHMT: ATTACHED TO 2/13/95 LETTER FROM PHILIP R. RECHT TO G. BRANDT TAYLOR (A43; STD. 111)

TEXT: We at Day-Night Mirrors have developed a rear-view mirror that changes reflectivity. Please see figure A. We have a question in regard to the above referenced regulation. Our mirror is a mechanical device that is operated by rotating a shaft. For rem ote actuation an electric motor and worn gear assembly could be used. The regulation requires that electrically actuated mirrors have means to override the electrical actuator in the event of an electric malfunction. Ours could be manually overriden wi th a knob as in figure B. Could this override be removable? Figure C. In particular could the override actuator be supplied by the car manufacturer along with the car keys or with the owners manual for insertion into the mirror and use only in the even t of some electrical failure? Would this removable mechanical actuator be acceptable for west coast mirrors on trailer trucks?

(ATTACHMENT OMITTED)