ID: aiam1955

Dear Mr. Emmons: This is in response to your letter of May 1, 1975, concerning Federa Motor Vehicle Safety Standard No. 302, Flammability, and in amplification of your telephone conversation with Mr. Schwartz of my office.; As Mr. Schwartz advised you, Standard No. 302 applies to passenge cars, multipurpose passenger vehicles, trucks, and buses. Thus, the standard would apply to mattresses used in trucks. Further, it has been proposed to extend Standard No. 302 to campers and trailers other than those sold exclusively for the transportation of cargo (copy enclosed). Consequently, as you requested, I have enclosed a copy of Motor Vehicle Safety Standard No. 302, a recent amendment to that standard, and a proposed amendment which may also be of interest to you.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0718

Dear Mr. Wade: In reply to your letter of May 9, 1972, I have enclosed a copy of Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' which specifies flammability requirements for materials used in motor vehicles.; The standard applies to passenger cars, multipurpose passenge vehicles, trucks, and buses. Among the recreational vehicles you list, motor homes and chassis-mount campers mounted on new chassis would be included. Mobile homes and travel trailers are not subject to the standard. Slide-in campers and chassis-mount campers that are not mounted on new chassis are not presently subject to the standard, but NHTSA is considering amendments that would bring these camper types within the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam1362

Dear Mr. Faris: This is in reply to your letter of November 20, 1973, asking under wha conditions retreaded tires, which you describe as, 'not first class mainly from the standpoint of appearance,' may be sold. You state that the tires are not defective, and are being sold for non-highway use, such as for farm wagons and hay bailers.; Standard No. 117 (Retreaded pneumatic tires) applies to all retreade tires manufactured for use on passenger cars. The sale of such tires for off-highway vehicular purposes does not remove them from the coverage of the standard. Consequently, the tires must comply fully with Standard No. 117, bear the manufacturer's identification number (49 CFR Part 574), and not be restricted to off-road operation.; Sincerely, Lawrence R. Schneider, Chief Counsel

ID: 05-006195drn

Ms. Sherra C. Jarrells
191 Montrose Drive
Mooresville, NC 28115




Dear Ms. Jarrells:

This responds to your request for an interpretation of whether your proposed product, a "large Kayak with retractable gear legs for the purposes of not needing a trailer to transport the boat" is a "motor vehicle." We have also received via e-mail, photographs of the product in production. This letter confirms that the National Highway Traffic Safety Administration (NHTSA) considers your product to be a "motor vehicle," specifically a trailer. You also asked several questions relating to requirements for trailer manufacturers, which are answered below.

By way of background information, NHTSA administers the laws under which the Federal motor vehicle safety standards (FMVSSs) at 49 CFR Part 571 are promulgated.

You wish to know whether your product is a "trailer", and thus, a "motor vehicle".NHTSAs statute at 49 U.S.C. Section 30102(a)(6) defines "motor vehicle" as:

a vehicle driven or drawn by mechanical power manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Whether the agency considers your kayak with axles to be a "motor vehicle" depends on its use. It is the agencys position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. (Such equipment is the subject of the October 20, 2003, letter to Mr. Michael E. Ogle of Schiller International Corp. that you provided to us.) In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of our statute, since the on-highway use is more than "incidental".

Based on the information you have provided, it is our opinion that your product is a motor vehicle, specifically a trailer. You indicated that the purpose of the retractable gear legs/wheel assemblies is so that a trailer is not needed to transport the boat, and that the product is intended for highway use. Given the nature of the product, we believe that owners would routinely tow it behind their vehicles to take it to various recreational areas. Thus, the agency would consider the use of your product on the public roads to be a primary purpose, and not incidental. Since your product is a motor vehicle, it would be subject to the FMVSSs. Your product would be considered a trailer, defined in NHTSAs regulations at 49 CFR Part 571.3 as:

[A] motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

I am enclosing an information package, "Requirements for Trailer Manufacturers" issued by NHTSAs Enforcement Office, which explains in some detail NHTSA regulations that apply to the manufacture of trailers. Since the agency has determined that your product is a motor vehicle, the product must comply with applicable FMVSSs, including FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, which addresses conspicuity, FMVSS No. 119, New Pneumatic Tires for Vehicles Other than Passenger Cars, and FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, while your vehicle is not required to be equipped with brakes, if it is equipped with hydraulic brakes, then you would need to use brake hoses and brake fluids that comply with FMVSS No. 106, Brake Hoses, and FMVSS No. 116, Motor Vehicle Brake Fluids. Please note that trailers equipped with air brakes are required to comply with FMVSS No. 121, Air Brake Systems.

In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable FMVSSs. The certification procedure is set forth in 49 CFR Part 567, Certification.

You also ask how to ensure that your trailer complies with the laws of each of the fifty States. We regret that we cannot provide this type of information. You may wish to contact the various States and/or a private attorney concerning this question.

Finally, because NHTSA has no statutory authority to regulate "boats," I am unable to provide an opinion whether your product is also a "boat".

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

Sincerely,

Stephen P. Wood
Acting Chief Counsel

Enclosure
ref:VSA
d.9/15/05

ID: 11989.mls

Mr. Bradley J. Schnittjer
President
Satellite Screens, Inc.
221 East 2nd Street
DeWitt, IA 52742

Dear Mr. Schnittjer:

This responds to your inquiry about whether your product, a piece of equipment that screens materials, is a motor vehicle. You state that your product can either be trailer mounted or skid mounted. In a telephone conversation with Mr. Marvin Shaw of my staff, you stated that your trailer typically stays at an off-road job site the majority of the time and is infrequently transported on the public roads between job sites.

As way of background information, the National Highway Traffic Safety Administration (NHTSA) interprets and enforces the laws under which the Federal Motor Vehicle Safety Standards (FMVSSs) are promulgated. The statute defines the term "motor vehicle" as follows:

"Any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails."

Whether the agency considers your trailer mounted equipment to be a motor vehicle depends on its use. It is the agency's position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use is more than "incidental."

Based on the available information, it appears that your equipment is not a "motor vehicle" within the meaning of the statutory definition. This conclusion is based on your statements in the above mentioned telephone conversation that this equipment typically spends extended periods of time at a single construction site and only uses the public roads infrequently to move between job sites. Thus, the agency would consider the use of your device on the public roads to be incidental and not its primary purpose. Since your equipment is not a motor vehicle, it would not be subject to our Federal Motor Vehicle Safety Standards.

If NHTSA were to receive additional information indicating that your equipment used the roads more than on an incidental basis, then the agency would reassess this interpretation. If the agency were to determine that your equipment is a motor vehicle, then it would have to comply with the applicable Standards, including Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, which addresses conspicuity, Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, and Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, while your vehicle is not required to be equipped with brakes, if it is equipped with hydraulic brakes, then you would need to use brake hoses and brake fluids that comply with Standard No. 106, Brake Hoses and Standard No. 116, Motor Vehicle Brake Fluids. Please note that trailers equipped with air brakes are required to comply with Standard No. 121, Air Brake Systems.

In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567.

Please note that since a State may require an off-road vehicle to be registered, you may wish to contact the States about the status of your equipment in their State.

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

Sincerely,

Samuel J. Dubbin

Chief Counsel

ref:VSA

d:8/5/96

ID: 16425-2.ogm

Mr. Todd W. Loescher
Sales/Marketing Manager
Cliff Keyes Mfg. & Supply Co.
2015 West First
Newton, KS 67114

Dear Mr. Loescher:

This responds to your letter regarding aisle facing or side facing seats in commercial buses and multipurpose vehicles. Specifically, you ask whether there is a code of federal regulations for such seats, whether a seating manufacturer can provide attachment points on a seat or seat pedestal for seat belts intended for use on such vehicles and whether a seating manufacturer can attach seat belts on a seat or a seat pedestal for intended for use on such vehicles. In the latter two instances, you ask what code of federal regulations, if any, applies.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under Title 49, Chapter 301 of the U.S. Code to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Chapter 301 prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. The Federal motor vehicle safety standards (FMVSS) are published as separate subsections within section 571 of volume 49 of the Code of Federal Regulations (CFR).

NHTSA has exercised its authority to establish five safety standards that may be relevant to your questions. The first is Standard No. 207, Seating Systems, which sets forth strength requirements for all "occupant seats". The second is Standard No. 208, Occupant Crash Protection, which sets forth requirements for occupant protection at the various seating positions in vehicles. The third is Standard No. 209, Seat Belt Assemblies, which sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. The fourth is Standard No. 210, Seat Belt Assembly Anchorages, which establishes strength and location requirements for seat belt anchorages. The final relevant safety standard is Standard No. 302, Flammability of Interior Materials. This standard specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles.

Your first question relates to regulations applicable to side facing seats in buses and multipurpose vehicles. Standard No. 207, Seating systems, establishes performance requirements for "occupant seats" in passenger cars, multipurpose passenger vehicles, trucks, and buses. In particular, S4.1 requires vehicles to have an occupant seat for the driver, S4.2 specifies general performance requirements relating to strength, S4.3 specifies requirements for restraining devices for hinged or folding seats or seat backs, and S4.4 specifies labeling requirements for seats not designated for occupancy while the vehicle is in motion. I note, however, that the seats you ask about are excluded from some, but not all, of the standard's requirements. The requirements of S4.2 do not apply to side-facing seats and the requirements of S4.2 and S4.3 do not apply to passenger seats in buses.

Your second and third questions concern whether a seat manufacturer can provide attachment points for seat belts, and seat belts, on seats and seat pedestals intended for use on side facing seats in buses and multipurpose vehicles and, if so, which regulations apply.

A seat manufacturer may provide seat belt attachment points on seats or seat pedestals and attach seat belts to those attachment points. I note that it would be the vehicle manufacturer, rather than the seat manufacturer, that would be required to certify the vehicle (with the seat installed) to the applicable safety standards.

Standard No. 208 establishes requirements for safety belts in cars, multipurpose passenger vehicles, trucks and buses. The type of belt required depends on the class of vehicle and location of the seating position within the vehicle. Buses with a gross vehicle weight rating (GVWR) greater than 10,000 pounds are not required to have safety belts at any location other than the driver's seat.

Standard No. 210 requires the installation of anchorages at any location where a safety belt is required by Standard No. 208.

Standard No. 210 excludes side-facing seats from its strength requirements specified in S4.2, but all other requirements of the standard apply to side-facing seats. We strongly recommend that belt anchorages for side-facing seats be of at least equivalent strength to anchorages for forward and rearward facing seats, since the strength specifications are only minimum performance requirements.

In addition to meeting the requirements of Standard No. 209, any fabric or trim provided with the seat belts themselves would have to meet the requirements of Standard No. 302, Flammability of interior materials.

I hope that this is responsive to your inquiry. If you have any further questions, please feel free to call Otto Matheke at (202) 366-5263.

Sincerely,
John Womack
Acting Chief Counsel
ref:208
d.3/13/98

ID: nht79-3.4

DATE: 10/04/79

FROM: FRANK BERNDT -- NHTSA; SIGNATURE BY STEPHEN P. WOOD

TO: Stratos Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to the questions you raised with Ms. Debra Weiner of my office on July 12, 1979, about your company's plans to manufacture auxiliary gasoline tanks for passenger cars. You noted that the tanks will be designed for placement in the trunk above the existing fuel tank and that your company will act primarily as a manufacturer of these tanks but may do some installation. Specifically, you asked what Federal regulations or standards would apply to the manufacturer, as well as the placement and installation, of auxiliary gasoline tanks in motor vehicles. You also asked whether we have testing facilities for such tanks and, if so, whether the agency would be able to test one of your company's tanks.

The National Traffic and Motor Vehicle Safety Act, as amended 1974, (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75, Fuel System Integrity, (copy enclosed) is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. The standard applies to completed vehicles rather than to fuel tanks or other fuel system components and thus is inapplicable to the manufacture of auxiliary fuel tanks.

Despite the inapplicability of Safety Standard No. 301-75 to their manufacture, auxiliary fuel tanks must be designed and manufactured for safety. As a manufacturer of auxiliary fuel tanks, you would be subject to the defects responsibility provisions of the Act (sections 151 et seq., copy enclosed). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or yourself, you would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.

If you installed an auxiliary fuel tank in a new vehicle, prior to its first purchase in good faith for purposes other than resale, you would be a vehicle alterer under NHTSA regulations. As an alterer, you would be required by 49 CFR 567.7 to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor vehicle safety standards -- including Safety Standard No. 301-75. Should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, you would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.

If you installed an auxiliary gasoline tank in a used passenger vehicle, you would not be required to attach an alterer's label. However, section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, 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 . . .

Thus, if you added an auxiliary tank to a used passenger vehicle manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system, you would be in violation of section 108(a)(2)(A).

I would like to point out that in addition to the Federal law discussed above there may be State product liability laws applicable to your company's proposed activities. Therefore, you may wish to consult a local lawyer before your company begins manufacturing and installing auxiliary gasoline tanks.

At the present time, NHTSA is not testing auxiliary gasoline tanks, but the agency is involved in testing vehicles to determine their compliance with Safety Standard No. 301-75.

At some point the agency will probably begin testing auxiliary tanks that have been installed in vehicles, but such testing will be done only as part of our enforcement efforts. It is not a policy of the NHTSA to test and approve the products of particular manufacturers of motor vehicles or motor vehicle equipment.

In conclusion, please note that, in general, the National Highway Traffic Safety Administration discourages the use of auxiliary fuel tanks of any kind because of the grave dangers of fire and explosion posed by their improper manufacturer or installation. In the near future, this agency will be making a press release warning consumers of these hazards and discouraging them from using auxiliary fuel tanks.

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.

ID: nht74-1.26

DATE: 05/23/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Mazda; Toyo Kogyo U.S.A. Representative

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of May 9, 1974, requesting an interpretation of the test procedure specified in Standard No. 301 (Docket No. 73-20; Notice 2) concerning the operation of the vehicle's fuel pump during testing.

Paragraph S7.1.3 of the standard requires that electrically driven fuel pumps be in operation during the barrier crash tests if they normally operate with the activation of the vehicle's electrical system. If the pump is incapable of functioning with the independent activation of the electrical system and requires the operation of the vehicle's engine, then the pump should not be running during the barrier crash tests.

Based upon the description you provide in your letter, it appears that you should conduct your barrier crash testing without operating the fuel pump.

Yours truly,

ATTACH.

May 9, 1974

Richard B. Dyson -- Assistant Chief Counsel, U. S. Department of Transportation, National Highway Traffic Safety Administration

Dear Mr. Dyson:

Re: MVSS 301 Fuel System Integrity

In section 7.1.3 of Docket 73-20; Notice 2, we can find, "If the vehicle has an electrically driven fuel pump, that normally runs when the vehicles electrical system is activated, it is operating at the time of a barrier crash."

The underline was added to the Docket 73-20; Notice 1.

Although we feel NHTSA has granted our attached comments on February 8, 1974, hereby we confirm it again.

Our electrical fuel pump works only when the engine runs, and usually does not work when the ignition is in "on" position except that the engine works. In other words, our electrical fuel pump is connected to the engine and there's no relation directly from our electrical system in "on" position. Nevertheless, we will find that the vehicle's electrical system without fuel pump is activated, when the ignition is in "on" position and the engine is not in "running."

Our question is as follows: In the above system, we believe we may test the barrier crash without operating the electrical fuel pump. If its not so, we have to test it with another special connection between battery and fuel pump, "only on test."

Your opinion will be highly appreciated.

Always warmest,

Goro Utsanomiya -- Branch Manager, TOYO KOGYO U.S.A. REPRESENTATIVE OFFICE

cc: Mr. Williams; Mr. Makino

February 8, 1974

James B. Gregory -- Administrator, National Highway Traffic Safety Administration

Dear Dr. Gregory:

Although the comment closing date is already over, we would like to submit the following comment, because we have a new problem by further review.

It would be appreciated if you consider this comment.

Sincerely yours,

Gorou Utsunomiya -- Branch Manager,

TOYO KOGYO U.S.A. REPRESENTATIVE OFFICE

cc: R. N. Williams

enc.

DOCKET 73-20, NOTICE NO. 1

COMMENTS OF TOYO KOGYO CO., LTD. ON NOTICE OF PROPOSED RULEMAKING FUEL SYSTEM INTEGRITY PASSENGER CARS, MULTIPURPOSE PASSENGER VEHICLES TRUCKS AND BUSES (OF 10,000 GVWR OR LESS)

Comment

"S.7.1.4 - If the vehicle has an electrically driven fuel pump, it is operating at the time of a barrier crash test" should read as, "S.7.1.4 Ignition switch is at "On" position at the time of barrier crash tests."

Discussion

As you know, electrically driven fuel pumps are used on many cars. As far as we assume, this S 7.1.4 is established so as to minimize possibility of fire at the crash accident because electrical pump will keep working as long as ignition switch is at "On" position.

However, if we develop a system where the electrical fuel pump stops at the moment of impact in spite of ignition switch being in "On" position, this possibility will no longer exist.

As long as S 7.1.4 exists, we have to make the pump work by other means, such as direct connection between battery and pump, when we conduct a compliance test, and this S 7.1.4 will close the way of possibly developing a new safety device. We think that this situation is far apart from the actual one and this test is impractical.

Judging from the fact that there is no requirement, "Mechanical fuel pump is operating", we think S 7.1.4 can be changed. Needless to say, we recognize that we should minimize the possibility of a fire with electrical pumps. We would suggest S 7.1.4 should read, "Ignition switch is at "On" position.

ID: aiam4923

"Dear Mr. Lushan: This responds to your letter concerning the use o tinted flexible plastic glazing in certain jeep-type vehicles. You explained that a customer has asked you to manufacture a bronze-tinted clear plastic flexible window for installation in the rear side and rear windows of its vehicles. You indicated that this glazing material would not satisfy the minimum light transmittance requirement of Standard No. 205 and requested confirmation of your understanding that Standard No. 205 permits the use of such glazing for rear and side windows in these vehicles. Further, during two telephone conversations on October 29, 1991 and October 30, 1991, you informed Elizabeth Barbour of my staff that your question specifically refers to the use of this glazing on the two-door Suzuki Sidekick and the two-door Geo Tracker. You also confirmed to Ms. Barbour that the glazing materials to which your letter refers would be installed as original equipment, but added that your company is also involved with after-market products. I am pleased to have this opportunity to answer your question. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. 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. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged safety-related defects. Pursuant to NHTSA's authority, the agency has established Standard No. 205, which specifies performance requirements for various types of glazing (called 'items'), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference 'ANSI Z26,' the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Among Standard No. 205's requirements are specifications for minimum levels of light transmittance, measured by Test 2 in ANSI Z26. A minimum of 70% light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars. In trucks, buses and multipurpose passenger vehicles, only the windshield and the windows to the immediate left and right of the driver are considered requisite for driving visibility (if they are equipped with dual outside mirrors satisfying sections S6.1(b) of FMVSS No. 111) and thus, subject to the minimum light transmittance requirement. The windows to the rear of the driver in trucks, buses and multipurpose passenger vehicles, including the rear side and rear windows, are not required to meet the light transmittance requirement. Thus, Standard No. 205 permits the use of tinted glazing materials (i.e. items of glazing that are not subject to Test 2) for windows to the rear of the driver in such vehicles when they are equipped with dual outside mirrors larger than those usually used on passenger cars. As stated above, you described the product you wish to manufacture as tinted flexible plastic, Item 7 glazing, which would be installed in the rear side and rear windows of the two-door Suzuki Sidekick and Geo Tracker. According to the agency's information about these vehicles, the rear side and rear windows are part of a removable soft-top. Standard No. 205 permits glazing used for readily removable windows in these locations to be manufactured out of flexible plastic glazing (Items 6, 7 and 13), among other types of glazing. Thus, since these specific window locations on the two-door Suzuki Sidekick and Geo Tracker are not subject to the light transmittance requirement, and since Standard No. 205 permits use of flexible plastic glazing for readily removable windows, the Standard would permit you to manufacture the bronze-tinted flexible plastic glazing for the use your customer requested. You also stated that your company is involved with after-market glazing materials. After a vehicle is first sold to a consumer, 108 (a)(2)(A) of the Safety Act prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with any safety standard. According to this provision, your company, for example, could install the Item 7 glazing in the rear side and rear windows of a Suzuki Sidekick or Geo Tracker after that vehicle is first sold to a consumer. This provision would, however, prohibit the after-market installation of tinted flexible plastic glazing in the front side windows of that vehicle because such installation would cause the glazing of the front side windows to no longer comply with the requirements of Standard No. 205. The 'render inoperative' provision of the Safety Act does not apply to the actions of vehicle owners themselves. No section of the Safety Act prevents vehicle owners themselves from installing any product on their vehicles, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. The actions of individual vehicle owners may be regulated or precluded by individual States, which have the authority to regulate owner modifications and the operational use of vehicles. I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam3644

Dear Mr. Yang: This responds to your letter asking about the requirements fo importing tires into this country from China. I have enclosed a copy of a 1981 letter I sent to Mr. Deng Shin- Wen, the chief engineer of the Shanghai No. 1 Rubber Plant. That letter generally explains the requirements which must be met in order to import tires into this country. While that letter answers many of your questions. I will repeat the requirements to ensure that you understand them, and respond to those questions not covered in the previous letter.; To receive a DOT code mark, a tire manufacturer must complete th enclosed application form and return it to the address shown on the form. A separate application must be filed for each manufacturing plant, and a separate code mark will be assigned to each plant.; Before a code mark is assigned, the tire manufacturer must designate a agent for the service of process, according to the requirements of 49 CFR S 551.45 (copy enclosed). That section specifies that the designation of agent must meet the following six criteria:; 1. A certification that the designation is valid in form and binding o the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business and mailing addres of the manufacturer,; 3. Marks, trade names, or other designations of origin of any of th manufacturer's products which do not bear his name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,; 5. A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; 6. The full legal name and address of the designated agent. In addition, the designation must be signed by one with authority t appoint the agent, the signer's name and title should be clearly indicated beneath his signature. When this agency has received a completed application for a code mark and a valid designation of an agent, a code mark will be assigned to the manufacturer promptly, usually within two weeks. You should note that the code mark is sent to the manufacturer at the mailing or main office address shown on the application, and not to the designated agent. The DOT code mark assigned to the manufacturer remains valid until such time as the manufacturer notifies this agency that it is no longer using that code mark.; No testing of the tires is done by this agency before assigning the DO code mark. The United States does not use a certification process similar to the European Economic Community, in which the manufacturer is required to deliver tires to be certified to the governmental entity for approval. Instead, in the United States the individual manufacturer must certify that the tires comply with all requirements of Standard No. 109 (49 CFR S 571.109) if they are passenger car tires or Standard No. 119 (49 CFR s 571.119) if the tires are for use on motor vehicles other than passenger cars. I have enclosed copies of both these standards for your information. Further, this agency does not require that the certification be based on a specified number of tests or any tests at all, we only require that the Certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its tires comply with the applicable standards. Certainly, we recommend that a manufacturer selling tires in the United States test those tires according to the procedures specified in the applicable standard. Once a manufacturer determines that its tires meet the requirements of the applicable standards, it certifies that compliance by molding the letters 'DOT' on one sidewall of each certified tire.; For purposes of enforcement this agency conducts spot checks of tire after they have been certified, by purchasing and testing tires according to the procedures specified in the applicable standard. If the tires pass the tests, no further steps are taken.; If the tires fail the tests and are determined not to comply with th applicable standards or if it is determined that the tires contain a safety-related defect, the manufacturer of the tires is required to remedy the problem. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of tires which fail to comply with a standard or contain a safety related defect, the manufacturer may elect to either:; 1. repair the tires so that the defect or noncompliance is removed, or (2) replace the tires with an identical or reasonably equivalent tir which does not have the defect or noncompliance.; Whichever of these options is chosen, the tire manufacturer must bea the expense and cannot charge the tire owner for the remedy.; With respect to the markings required on the sidewall of the tires those markings and their required size and location are set forth in section S4.3 of Standard No. 109 for passenger car tires and S6.5 of Standard No. 119 for tires for use on motor vehicles other than passenger cars. 49 CFR Part Part (sic) 574 (copy enclosed) also sets forth marking requirements for all types of tires.; If you have any further questions on this subject or need furthe information, please feel free to contact me.; Sincerely, Frank Berndt, Chief Counsel