ID: nht95-5.6

TYPE: INTERPRETATION-NHTSA

DATE: December 20, 1995

FROM: Charles E. Grassley -- United States Senator

TO: Thomas D. Larson -- Administrator, Federal Highway Administration

TITLE: NONE

ATTACHMT: 1/29/96 letter from Carol Stroebel to Charles E. Grassley (A44; Std. 208); 12/11/95 letter from Samuel J. Dubbin to Dorothy Jean Arnold; 9/24/95 letter from Dorothy J. Arnold to NHTSA Office of Chief Counsel

TEXT: I have been contacted by Dr. D. Jean Arnold who is disabled and would like to have the air bag from her car legally removed.

I would appreciate any information you could provide pertaining to this matter. Please mark your return correspondence to the attention of Dawn Latham when responding to my office.

Thank you for your attention to my request.

ID: nht95-5.7

TYPE: INTERPRETATION-NHTSA

DATE: December 21, 1995

FROM: Kenneth N. Weinstein -- Assistant Chief Counsel for Litigation, NHTSA

TO: Lewis H. Goldfarb, Esq. -- Assistant General Counsel, Chrysler Corporation

TITLE: Compliance of MY 1995 Cirrus/Stratus with Federal Motor Vehicle Safety Standard No. 210

ATTACHMT: 12/12/95 letter from Lewis H. Goldfarb to Kenneth Weinstein

TEXT: This responds to your letter of December 12, 1995, which transmitted a memorandum containing Chrysler Corporation's legal position on whether the National Highway Traffic Safety Administration (NHTSA) may rely on a July 11, 1995 compliance test to demons trate that model year 1995 Chrysler Cirrus and Dodge Stratus vehicles fail to comply with Federal Motor Vehicle Safety Standard No. 210.

In the July 10 test, NHTSA's contractor placed the pelvic body block several inches forward from the seat back. n1 In that test, and in subsequent tests conducted by Chrysler with the body block in that location, the rear seat anchorage in the Cirrus/Str atus failed before the 3000 pound test load set out in S5.2 of Standard No. 210 was reached. Chrysler has submitted a summary report describing a recent test in which the anchorage did not fail when the body block was positioned against the seat back, w hich is the position that Chrysler customarily uses when it tests its vehicles to ascertain whether they comply with Standard No. 210. It is Chrysler's position that since "neither the procedures specified in the standard nor the published laboratory te st protocol specify the location of the body block," its test with the body block against the seat should be accepted by NHTSA as demonstrating compliance with Standard No. 210.

n1 Your memorandum states on several occasions that the body block in the NHTSA test was placed four inches in front of the seat back. This distance represents the post-test location of the body block. In fact, the post-test photographs reveal that the floor structure had been distorted during the test procedure, thus indicating that the body block was less than four inches from the seat back prior to the test.

The agency agrees that neither the standard itself nor the laboratory test procedure developed by the Office of Vehicle Safety Compliance (OVSC) specifies a precise distance that the body block is to be placed in front of the seat back. However, rather than support Chrysler's argument, this fact demonstrates that the failure of the Cirrus anchorages to withstand the test loads in NHTSA's test reflects a noncompliance with the standard. In the preamble issued by the agency in connection with its 1991 r econsideration of several amendments to Standard No. 210, NHTSA reiterated its longstanding view of a manufacturer's compliance responsibilities under these circumstances (56 FR 63676, 63677; December 5, 1991):

As a general matter, when a standard does not specify a particular test condition, there is a presumption that the requirements of the standard must be met at all such test conditions. This presumption that the standard must be met at all positions o f unspecified test conditions may be rebutted if the language of the standard as a whole or its purposes indicate an intention to limit unspecified test conditions to a particular condition or conditions.

In the case of the strength requirements in Standard No. 210, nothing in the language of the standard suggests that the strength requirements were only to be measured with the safety belt or other vehicle features at certain adjustment positions. Ind eed, the purpose of the standard is to reduce the likelihood that an anchorage will fail in a crash. To serve this purpose, the anchorage must be capable of meeting the strength requirements with the safety belt and other vehicle features at any adjustm ent, since those features could be at any adjustment position during a crash.

The quoted statement, which was made in response to assertions by auto manufacturers that the test procedure was not sufficiently "objective" because certain test conditions were not sufficiently specified in the standard, demonstrates the fallacy of the contention in your memorandum (at pages 6-7) that the positioning of the body block in the July 10 test "introduc[es] a variable in the compliance test procedure that is not authorized by the NHTSA standard . . ." It also completely undermines Chrysler' s assertion (at page 7) that the agency is "retroactively interpret[ing]" the standard. The industry was certainly "fairly informed" that "the standard must be met at all positions of unspecified test conditions."

NHTSA also disputes Chrysler's assertion (at page 4) that "the most natural and representative location for the body block" is against the seat back. To the contrary, that location is not consistent with any possible occupant use. Conversely, the locati on of the body block in the July 10 test conducted for NHTSA reflects the approximate belt geometry that would exist if a 5th percentile female occupied the seat. n2

n2 Standard No. 210 requires seat belt anchorages to be installed at each designated seating position, which is defined in 49 CFR 571.3(b) in part as a "location capable of accommodating a person at least as large as a 5th percentile female." This is yet another indication that all anchorages should be strong enough to withstand the required test loads when occupied by a person at least as large as a 5th percentile female.

As reflected in the preamble to the 1990 amendments to Standard No. 210 (55 FR 17970; April 30, 1990) and the discussion of the petitions for reconsideration of those amendments (56 FR 63676; December 5, 1991), the agency has endeavored to have the test procedure be as representative as possible of real world crash conditions. See, e.g., 55 FR at 17976-77 (simultaneous testing of anchorages); 55 FR at 17980, Col. 1 (limits on substitute materials to "ensure that the loading imposed during compliance te sting is a realistic simulation of actual anchorage loading"); 55 FR at 17980, Col. 3 (effort to assure that reduced body block width will not be "unrepresentative of persons likely to occupy the seating position . . ."); 56 FR at 63677, Col. 1 (use of o riginal attachment hardware "to ensure that the load application onto the anchorage is as realistic as possible"); and 56 FR 63677, Col. 3 (requiring that test setups using replacement webbing "duplicate the geometry" of the original webbing at the initi ation of the test "to protect vehicle manufacturers from the agency identifying apparent noncompliances based upon test conditions with unrealistic loading"). n3 n3 NHTSA recognizes that in some respects the test procedure for Standard No. 210 does not simulate real-world conditions. See 55 FR at 17972-73 (explaining why the load onset and load holding times in the standard are "orders of magnitude greater th an the corresponding time periods observed in crashes").

Your memorandum contends that an interpretation of Standard No. 210 under which a vehicle could be found noncompliant on the basis of a test with the body block several inches in front of the seat back would render the standard not "objective," and thus inconsistent with 49 U.S.C. @ 30111(a), citing Chrysler Corporation v. Department of Transportation, 472 F.2d 659, 675-676 (6th Cir. 1972). However, that case merely prohibits NHTSA from establishing test procedures that are based on "subjective determi nations:"

Objective . . . means that tests to determine compliance must be capable of producing identical results when test conditions are exactly duplicated, that they be decisively demonstrable by performing a rational test procedure, and that compliance is base d upon the readings obtained from measuring instruments as opposed to the subjective opinions of human beings.

NHTSA's test procedure, as implemented by its contractor in the July 10 test, clearly satisfies each of these three criteria for objectivity. There can be no dispute that it produces "identical results," as demonstrated by the fact that the anchorages f ailed in tests performed by Chrysler using that procedure. The procedure is also "rational," in that it reflects a belt geometry that is found in the real world (as opposed to the belt geometry in the body block location favored by Chrysler). Finally, the anchorage failed in a test conducted in accordance with measurable readings, rather than any "subjective opinions of human beings."

Your memorandum states (at page 4) that Chrysler's review of prior NHTSA compliance tests suggests that "the agency has also customarily located the pelvic body block against the seat back during FMVSS 210 compliance tests." Our review of the tests condu cted by the agency indicates that this statement is not correct. As I advised you approximately ten days ago, the distance of the body block from the seat is not a data point that is memorialized in the test reports. Therefore, OVSC personnel reviewed the test photos and/or films of all Standard No. 210 tests conducted by NHTSA contractors of MY 1990 and later vehicles in an attempt to ascertain the body block position in those tests. Of the 21 tests in which the body block position could be definite ly ascertained, in all but one (a test of the front seat anchorage in a MY 1992 Geo Storm), the block was not flush against the seat back.

In accordance with its usual procedures, OVSC provided Chrysler with contemporaneous reports of the Standard No. 210 compliance tests that the agency performed on its vehicles. Photos of the two Standard Nos. 207/210 tests conducted on Chrysler vehicles during the past five years (on the 1994 Dodge Caravan and the 1994 Dodge Ram Van) reveal that the test body block was placed at some distance from the seat back. Thus, Chrysler cannot legitimately claim that it was surprised by the body block location used by the contractor in the July 10 test.

In sum, although Chrysler has submitted a test that indicates that the anchorages in the 1995 Cirrus did not fail when the body block was placed against the seat back, such a result is not sufficient to demonstrate compliance with Standard No. 210 when t he anchorage fails in tests at other body block positions, and particularly where those positions are more reflective of real world belt geometry.

Under the circumstances, if Chrysler does not promptly notify the agency that it has decided that a noncompliance exists and conduct a notification and remedy campaign in accordance with 49 U.S.C. Chapter 301, the Associate Administrator for Safety Assur ance would be justified in issuing an initial decision pursuant to 49 U.S.C. @ 30118(a) that such a noncompliance exists. Please advise me or Michael Brownlee of your intentions immediately.

ID: nht95-5.8

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Terence J. Kann -- P.A.

TITLE: NONE

ATTACHMT: 11/14/95 letter from Terence J. Kann to Ricardo Martinez (occ 11392)

TEXT: This responds to your letter of November 14, 1995, to Ricardo Martinez, M.D. Administrator of the National Highway Traffic Safety Administration. You have asked whether "pole trailers such as those used in the logging industry, [are] required to have re tro-reflective sheeting, reflex reflectors, or a combination?" If not, you asked whether NHTSA issued "any explanation for failing to extend the requirements to pole trailers."

As you noted, Section S3(a) of Motor Vehicle Safety Standard No. 108 applies to "trailers (except pole trailers) . . ." This means that pole trailers, as defined in 49 CFR 571.3(b) are exempted from all the requirements of Standard No. 108 including thos e of Section S5.7 which specifies conspicuity requirements for "each trailer of 80 or more inches overall width and with a GVWR over 10,000 pounds".

Pole trailers have always been excluded from Standard No. 108 (see 23 CFR 255.51, Motor Vehicle Safety Standard No. 108, Section S2, effective January 1, 1968). Thus, the agency never proposed in the first instance that conspicuity requirements apply to pole trailers, and there was no discussion of pole trailers in the preambles to the proposal and final rule. Apparently, pole trailers were defined and excluded on the basis of comments to Standard No. 108 as originally proposed late in 1966 that a sta ndardized lighting scheme might be impracticable for this category of vehicle.

If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

ID: nht95-5.9

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Kenneth W. Easterling -- Plan B Engineering, Inc.

TITLE: NONE

ATTACHMT: 11/16/95 letter from Kenneth W. Easterling to Taylor Vinson (OCC 11372); 7/30/93 letter from John Womack to Wayne Ferguson

TEXT: This responds to your letter of November 16, 1995, asking for our opinion of "G-Lamps", ("proportional deceleration indicator lamps) intended as a rear end collision avoidance device. Your system would flash the stop lamps proportionally to the rate of deceleration.

Over the years, the agency has received many requests for interpretations of the laws which it administers as they relate to deceleration warning systems. Our reply has been that it is impermissible to wire the stop lamp system so that it flashes, no ma tter what the purpose of the flashing. I enclose for your information, as a representative reply, a copy of our letter of July 30, 1993, to Wayne Ferguson of the Virginia Department of Transportation, which fully sets forth our views and interpretations .

If you have questions about these matters, you may telephone Taylor Vinson of this office at 202-366-5263.

Enclosure: (see 7/30/93 letter from John Womack to Wayne Ferguson)

ID: nht95-6.1

TYPE: INTERPRETATION-NHTSA

DATE: August 4, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jim Burgess -- Engineering Manager, Independent Mobility Systems, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 5/18/95 LETTER FROM JIM BURGESS TO WALTER MYERS (OCC 10931)

TEXT: Dear Mr. Burgess:

This responds to your letter of May 18, 1995 to this office and your telephone conversations with Walter Myers of my staff on June 14 and 27, 1995, concerning an exclusion in Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components. The standard excludes from its requirements doors equipped with wheelchair lifts and either a visual or audible alarm system.

You state that your company converts minivans into wheelchair accessible vehicles by lowering the floor and adding a wheelchair ramp to the right rear side sliding door area, with an audible and/or visual alarm. The issue you raise is whether FMVSS No. 206's exclusion of wheelchair-equipped doors also excludes a ramp-equipped door. The answer is no.

FMVSS No. 206 requires that side doors leading directly into a compartment containing one or more seating positions must conform to the standard. However, paragraph S4 of the standard states:

Side doors equipped with wheelchair lifts and which are linked to an alarm system consisting of either a flashing visual signal located in the driver's compartment or an alarm audible to the driver which is activated when the door is open, need not conform to this standard.

FMVSS No. 206 was amended to add the wheelchair lift exception by final rule dated March 27, 1985 (50 FR 12029, copy enclosed). The agency's rationale was that when not in use, wheelchair lifts are stowed in a vertical position parallel to and in close proximity to the interior surface of the vehicle door, thus providing a barrier to occupant ejection if the door opened while the vehicle was in motion or in the event of a crash. The alarm requirement was intended to alert the driver to a door that was open on a vehicle that was in motion.

While the information you provided us showed that your wheelchair ramp is also stowed in a vertical position parallel to and in close proximity to the door and that you install audible and/or visual alarms for the driver, wheelchair lifts and wheelchair ramps are distinctly different components. Although they serve the same purpose and are similarly configured when in the stowed position, this agency cannot by interpretation say that "lift" includes "ramp." In order to amend the standard to exclude wheelchair ramps as well as lifts, rulemaking action would be required. You may petition this agency to do rulemaking, under 49 CFR Part 552 (copy enclosed). This agency will entertain your petition and decide whether a rulemaking proceeding is appropriate.

I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht95-6.10

TYPE: INTERPRETATION-NHTSA

DATE: August 11, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature By Stephen P. Wood

TO: Thomas A. Placey, Esq. -- Senior Assistant District Attorney, Office of the District Attorney, Cumberland County; One Courthouse Square

TITLE: NONE

ATTACHMT: ATTACHED TO 07/21/95 LETTER FROM THOMAS A. PLACEY TO OFFICE OF CHIEF COUNSEL, NHTSA

TEXT: Dear Mr. Placey:

This responds to your letter of July 20, 1995. You present the fact situation of the theft in Canada of a Canadian-owned GMC Jimmy which was then imported into the United States and delivered to a conspirator in Pennsylvania. The conspirator altered the VIN and sold the Jimmy which was eventually seized by the Pennsylvania State Police. The Jimmy's buyer wants the vehicle back and has filed with the local state court for its return.

You write "The issue, on the federal level, is can this vehicle ever be properly registered in the United States. What are the specific federal laws or regulations that govern such situations."

We cannot answer the question whether this vehicle can be properly registered in the United States, because there are no Federal requirements that apply to the registration of privately owned vehicles. Each State establishes its own requirements. For an overview of State laws on vehicle registration, we suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

There are two Federal laws which we administer that are relevant to the situation you present. Missing from your scenario is the fact whether the Jimmy was manufactured in the United States in compliance with the U. S. Federal motor vehicle safety standards. If the answer is yes, then its importation by any person does not violate the Federal statues under which we operate. If it was not manufactured to conform, we note that the importation of a nonconforming vehicle is an act forbidden by 49 U.S.C. 30112(a) for which a civil penalty may be imposed under 49 U.S.C. 30165. The statute does not provide the right to seize a nonconforming vehicle. Furthermore, the statute does not forbid the sale of a used nonconforming imported vehicle.

There may be a violation of 49 U.S.C. 30122 because of the defacing of the VIN. Under this section, no manufacturer, dealer, distributor, or motor vehicle repair business may knowingly make inoperative any part of a device or element of design installed in accordance with a Federal motor vehicle safety standard. The VIN was installed in accordance with 49 CFR 571.115 Motor Vehicle Safety Standard No 115 Vehicle Identification Number. We view the alteration of the VIN as a violation of this section, if the conspirator who altered it was a manufacturer, dealer, distributor, or motor vehicle repair business as those terms are described in the statute. Violators of this section are also subject to a civil penalty under 49 U.S.C. 30165.

We are unable to advise you on the laws or regulations administered by other Federal agencies. For example, we cannot advise you whether the U.S. has entered into any treaties or other agreements with Canada concerning the treatment of property that is stolen from that country. You may write for an opinion to the United States Department of State, Office of Foreign Mission, 3507 International Place, N.W., Washington, D.C. 20008.

If you have further questions, Taylor Vinson of this Office will be able to help you with them (202-366-5263).

ID: nht95-6.11

TYPE: INTERPRETATION-NHTSA

DATE: August 11, 1995

FROM: Yoshiaki Matsui -- Manager, Automotive Equipment, Legal And Homologation Section, Stanley Electric Co., Ltd.

TO: Chief Counsel -- NHTSA

TITLE: Headlamp system containing fog lamp

ATTACHMT: ATTACHED TO 9/20/95 LETTER FROM JOHN WOMACK TO YOSHIAKI MATSUI (A43; REDBOOK 2; STD. 108)

TEXT: We are planning to develop headlamp systems that produce high beam, low beam and fog lamp beam. The fog lamp is reciprocally incorporated with the high beam headlamp, using one dual-filament bulb (ex.; HB2). The high beam and the fog lamp will not be lit simultaniously. Please refer to the attached drawing for the possible operating conditions.

The FMVSS No. 108 specifies no requirement for fog lamp, except that the lamp shall not impair the effectiveness of lighting equipment required by the Standard. (S5.1.3) And we believe such a combination we are planning will not impair the effectiveness of the headlamp.

We would like to ask you to give your advice whether such a combination of fog lamp and high beam can be accepted under the FMVSS No. 108.

Your answer will be highly appreciated.

(Drawing omitted.)

ID: nht95-6.12

TYPE: INTERPRETATION-NHTSA

DATE: August 14, 1995 EST

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Isaias Rios -- Product Engineering Department, Rines de Acero K-H, S.A. de C.V.

TITLE: NONE

ATTACHMT: ATTACHED TO 6/29/95 LETTER FROM ISAIAS RIOS TO MARVIN SHAW (OCC 11007)

TEXT: Dear Mr. Rios:

This responds to your letter of June 29, 1995, to Marvin Shaw of this office requesting information on obtaining a certification from the U.S. that the wheels you supply to automobile manufacturers in Mexico comply with Federal Motor Vehicle Safety Standard (FMVSS) Nos. 110 and 120.

You explained in your letter and in telephone conversations with Walter Myers of this office that your company supplies steel and aluminum passenger car wheels to automobile manufacturers located in Mexico. You stated that Nissan Mexicana requires from you a certificate demonstrating compliance with FMVSS Nos. 110, Tire Selection and Rims, and 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. Your letter asked how to obtain such a certification and for information on other responsible U.S. government agencies and approved test labs.

On July 21, Mr. Myers telefaxed you copies of two interpretative letters previously issued by this office, one to Mr. Ralph Trimarchi dated February 11, 1985, and one to Mr. Jay D. Zeiler dated November 20, 1977. We explained in those letters that U.S. law requires motor vehicle and equipment manufacturers to self-certify their products and that the U.S. government does not test or certify products prior to first retail sale. Rather, this agency, the National Highway Traffic Safety Administration (NHTSA), randomly tests vehicles and equipment for compliance with the FMVSSs. Mr. Myers also telefaxed you copies of FMVSS Nos. 110 and 120 on July 24, 1995.

We would like to advise you of another issue. 49 Code of Federal Regulations (CFR) Part 566 (copy enclosed) requires manufacturers of motor vehicle equipment to which an FMVSS applies (referred to in the regulation as "covered equipment," such as wheels) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA. NHTSA requires that information from an equipment manufacturer even though the equipment manufacturer does not directly sell its products in the U.S. but supplies them to foreign vehicle manufacturers who sell their vehicles in the U.S. (see enclosed copy of NHTSA letter to Mr. K. Nakajima, dated January 6, 1972). Therefore, if your company has not already done so, please submit the information required by Part 566 to the Administrator of NHTSA within thirty days after receipt of this letter. No forms or prescribed format is required. A standard letter is sufficient.

I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr.

Myers at this address or by telephone (202) 366-2992 or telefax (202) 366-3820.

ID: nht95-6.13

TYPE: INTERPRETATION-NHTSA

DATE: August 14, 1995

FROM: Hai Tee Young

TO: Secretary of Transportation, DOT

TITLE: NONE

ATTACHMT: 12/15/95 letter from Samuel J. Dubbin to Hai Tee Young (A43; Std. 205)

TEXT: I invented and designed slats for passenger transportations (see my disclosure document to Patent and Trade Mark Commisioner), but my patent lawyer thought this is "almost certainly going to be objected to as being hazardous . . . safety regulations preventing this" (see his letter dated August 11, 1995)

But I don't see why this will be objected by law or safety regulation, this is not only no hazardous, on contrary, eliminate hazards. Firstly, if the slats are made of fine and thin materials, those slats will appear as fine lines in driver's and passengers' eyes, it does not hinder driver's sight and vision, Secondly, if the edges of slats are also soft, in a case of car collision, the driver or passengers either sit on front or back seats without fastening belt, their heads and hands hit the glasses, these slats will not make cuts on them, on contrary, will slow down the speed of their bodies to finally hit the glasses, thus reduce the degree of injury. We can even design double glasses and install those slats between the double glasses adjustable by either manually or electric automatic control. There will be no any reason to oppose such a device.

Will Your Honor tell me whether my patent attorney's guess is true that there may exist any law and safety regulation against such kind of device? If there really exist such law and regulation, as my analyses point out above, since my this device makes every good thing without side effects, there shall have no reason to be opposed, but such law and regulation shall be revised.

Please help me with Your Honor's best. This is my beginning inventions, not my ending ones. If I can succeed on those beginning ones, I shall march forward from here toward greater and greatest inventions which will give human being great help. So I bessech you to give me your best help in order to encourage my future real great inventions which can help all mankind greatly.

Looking forward your prompt respond and help,

(Brochure and graphics omitted.)

Enclosure

August 11, 1995

Hai Tee Young 10313 Lower Azusa Road Temple City, CA 91780

Re: SUNSHINE SHELTERS FOR ALL PASSENGERS TRANSPORTATION

Dear Mr. Young:

I am in receipt of your disclosure entitled as above and relating to the use of conventional multiple-slat blinds on windows of automobiles, aircraft, trains, or the like.

Use of blinds or slats on a front window of an automobile or aircraft is almost certainly going to be objected to as being hazardous. If you check, I am sure you will find that there are safety regulations preventing this.

If you find that this is permitted by law, details of the slats' construction, how they are mounted, and, if adjustable, how adjustment is made should be determined before filing a patent application. As I view your disclosure materials, they pertain to a broad "idea" and not to a specific piece of equipment.

I do not take an interest in an invention as payment for patenting services.

Very truly yours, GEORGE J. NETTER, ESQ

ID: nht95-6.14

TYPE: INTERPRETATION-NHTSA

DATE: August 15, 1995

FROM: Glenn J. Vick -- National Account Manager, Marketing and Sales Office, Commercial Truck Vehicle Center, Ford Automotive Operations

TO: Office of Chief Council -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 10/20/95 LETTER FROM JOHN WOMACK TO GLENN J. VICK (A43; REDBOOK 2; STD. 221; PART 567; PART 568)

TEXT: Attention: Office of Chief Council.

This is to request your assistance in providing me with clarification on FMVSS 221 (Body Joint Strength).

Our engineering staff is in the process of introducing a new E-350 super duty for the school bus industry. The GVW rating of this unit will be 14,050 lbs. Ford Motor Company will manufacture the the E-350 super duty chassis with a cut-away cab to be delivered to various body companies for after market installation of the school bus body . . . ie, Collins, US Bus, etc . . . I am confused as to how [Illegible Word] FMVSS 221 standard will apply to our chassis.

Please provide me with a written clarification regarding FMVSS 221 and how it applies our E-350 cut-away chassis. If you need additional information or have any questions, you may contact me at (313) 323-9617.