ID: 1983-2.49

TYPE: INTERPRETATION-NHTSA

DATE: 08/23/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Autodrome de Linas-Montlhery/Union Technique de L'Automobile du Motorcycle et du Cycle (H. Le Guen)

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. Le Guen Laboratory Director Union Technique de L'Automobile du Motocycle et du Cycle Autodrome de Linas-Montlhery Linas, 91310 Montlhery France

Dear Mr. Le Guen:

This is in reply to your letter of July 27, 1983, to Mr. Vinson of this office asking several questions with respect to the amendment of Standard No. 108, June 2, 1983, which permits semi-sealed replaceable bulb headlamps.

First, you mention certain sealing specifications, contrasting them with references to designed openings, and ask for our comments on this. Although the design that Ford intends to use is not a vented system, the amendment does not specify or prohibit either vented or unvented systems. A vented system using the standardized replaceable light source and the O-ring seal is permissable if the headlamp passes all the recently adopted environmental tests.

With reference to your further questions, there are no tolerances on the dust test. You have also asked whether, assuming that a European type headlamp using the new light source "passes all tests mentioned in the amendment to F.M.V.S.S. 108, would it get D.O.T. approval?" If the lens-reflector unit is bonded, and if with the light source inserted the lamp meets U.S. photometric requirements and all environmental tests specified in the amend-ment, then the manufacturer of the lamp may apply the D.O.T. symbol to it. This is the certification that the lamp meets all applicable U.S. Federal motor vehicle safety standards. Under this self-certification process, the manufacturer, rather than D.O.T., approves the lamp for sale.

Finally, you have asked who will manufacture the new bulb and where you might be able to obtain test samples. Ford's initial supplier will be Sylvania/GTE, and you may write GTE Products Corp., West Main Street, Hillsboro, NH 03249, Attn: Mr. Richardson.

I hope this answers your questions.

Sincerely,

Frank Berndt Chief Counsel

LINAS, July 27, 1983

Mr. TAYLOR VINSON NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 Seventh Street S.W. WASHINGTON D.C. 20590 U. S. A.

Our ref. HLG/RR/JP/83.1159.33 Signed by: Mr. RENDU

Dear Mr. VINSON,

After reading over pages 24690 to 24716 of the 02 June 1983 Federal Register an interesting discrepancy come up. On the first page (24690), second column lines 10 and 61, and the third column line 62 of the same page, indicate the new plastic headlamp is to be semi-sealed, the opening (for the bulb) non-sealed, the bulb being the sealing piece with its "O" ring seal. Later in the text, page 7 (24696), third column, line 46, (corrosion) mentioned are "drainholes, breathing devices, and other designed openings that are to be in their normal positions" during testing.

If you could please comment on this point and possibly clarify this new standard this would be most helpful to us. In addition, if you could please comment on : Are there any tolerances in the "dust test" ? If a glass lens, metal reflector, European type headlamp, (using the new standard bulb) passes all tests mentioned in the Amendment to F.M.V.S.S. 108, would it get D.O.T. approval? And who is going to manufacture, and where would we able to obtain a sample of the new "standard" bulb?

Thank you very much for your assistance and we hope to hear from you soon.

Sincerely,

H. LE GUEN LABORATORY DIRECTOR

ID: nht74-1.31

DATE: 02/26/74

FROM: CERSAS FOR E.T. DRIVER, NHTSA

TO: Mack Trucks, Inc.

COPYEE: J. LEYSATH; MR. VINSON

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 4, 1974, concerning the location requirements of front identification lamps on certain solid-waste disposal vehicles.

You describe the vehicles in question as "short BBC low cab-ever-engine type vehicles -- equipped with a large volume body and a hydraulically operated front leader mechanism. This unit lifts containers of waste up and over the front of the cab and empties the waste into the top of the body. To prevent damage to the front of the vehicle and lamps, a protective guard is installed on the front centerline of the vehicle." You further state that "This guard could obstruct the center identification lamp."

You ask whether or not all three of the front identification lamps may be offset from the front centerline of the vehicle to ensure compliance with the visibility requirements of FMVSS No. 108. In accordance with paragraph S4.3.1. Table II of FMVSS No. 106 specifies that the front identification lamps be located "as close as practicable to the top of the vehicle, at the same height, as close as practicable to the vertical centerline." For the vehicles which you have described, it would appear that location of the front identification lamps either left or right of the vertical centerline would meet this requirement.

Sincerely,

ATTACH.

February 4, 1974

E.T. Driver -- National Highway Traffic Safety Administration, Office of Operating Systems

Dear Mr. Driver:

Subject: Request for Interpretation MVSS 108

Section S4.1.1 table I states that three identification lamps are required for vehicles of 80 or more inches overall width.

Section S4.3.1 table II requires that "three amber identification lamps be located on the front as close as practicable to the top of the vehicle, at the same height, and as close as practicable to the vertical centerline".

In addition, Section S4.3.1.1 requires that each lamp be located so that it meets the visibility requirements of applicable SAE Standards and that no part of the vehicle shall prevent the device from meeting the photometric output at any test point specified in any applicable SAE Standard.

Section S4.3.1.1 also states that if motor vehicle equipment prevents compliance, an auxiliary lamp or device meeting the requirement shall be provided.

The solid waste disposal industry use short BBC low cab-over-engine type vehicles (see Attachments 1 & 2) equipped with a large volume body and a hydraulically operated front loader mechanism. This unit lifts containers of waste up and over the front of the cab and empties the waste into the top of the body. To prevent damage to the front of the vehicle and lamps, a protective guard is installed on the front centerline of the vehicle. This guard could obstruct the center identification lamp. (See Attachment 3 through 6)

One of our customers has requested that we supply four identification lamps on the forward side of our MB series vehicle cab near the top so that he can mount a protective guard on the centerline of the cab and still meet the visibility and photometric requirements.

As we discussed during my visit of January 31st, use of four lamps will not be acceptable to the National Highway Traffic Safety Administration as it would defeat the identification function of these lamps for vehicles over 80" in width.

However, it was proposed that all three identification lamps could be moved to one side of the centerline, thereby permitting compliance with the visibility and photometric requirements when the units are in the installed position. This appears to us to be an effective solution to this problem and we, therefore, request your issuance of an interpretation for an installation of this type.

Very truly yours, MACK TRUCKS, INC.; A. M. Fischer -- Asst. to Exec. V.P.- Engineering & Product

Enclosure Omitted.

ID: nht74-1.16

DATE: 07/03/74

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

TO: Volkswagen of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 18, 1974 informing us that Volkswagen of America, Inc. has decided not to initiate a notification campaign as a result of a technical violation of Motor Vehicle Safety Standard No. 110. You ask for our concurrence in your decision.

The designated seating capacity of the Dasher vehicle is 5 (2 in front, 3 in rear) and you have informed us that "some early production cars" bore tire inflation pressure labels stating that the capacity was 4 (2 in front, 2 in rear). The other required information (vehicle capacity weight, tire size designation, and recommended inflation pressures) are, you state, correctly indicated.

We agree with you that "religious observance of the instructions contained on the placard would provide the car with additional load capacity that would go unused", and have concluded that the situation you describe does not indicate the existence of a safety-related defect.

Sincerely,

ATTACH.

VOLKSWAGEN OF AMERICA, INC.

June 18, 1974

Lawrence R. Schneider, Esq. -- Chief Counsel, Office of the Administrator, National Highway Traffic Safety Administration

Dear Mr. Schneider:

This will confirm my phone conversation with Mr. Taylor Vincent concerning the issue of recalling a number of early production Dasher vehicles bearing FMVSS No. 110 labels, which incorrectly state the vehicle's designated seating capacity.

Dasher models are manufactured with and equipped for five (5) seating positions. Inadvertently, some early production cars were fitted with placards required by S4.3 of FMVSS No. 110, which erroneously state the designated seating capacity of the vehicle to be four (4) seats (two (2) front and two (2) rear), when in fact it has five (5) seats (two (2) front and three (3) rear). Sample of a correct label is attached. Vehicle capacity weight, recommended inflation pressures for maximum and half load as well as tire size designations are correctly indicated.

Mr. Vincent suggested that this error probably did not amount to a safety related defect within the meaning of Section 1402 of Volume 15 USCA, as amended, and regulations issued thereunder, because vehicle owners and occupants are not likely to be misled into using the vehicle in a manner that would make it less safe. In fact, religious observance of the instructions contained on the placard would provide the car owner with additional load capacity that would go unused.

Since inconvenience to the owner resulting from a recall would outweigh any benefits to be gained from a corrected label, we believe it would not be in the public interest for us to conduct a notification and recall campaign in this instance.

Your confirmation of our position would be appreciated.

Sincerely,

Cerhard P. Riechel -- Attorney

Enc.

cc: Taylor Vincent

ID: aiam3067

Dear Mr. Arneson: This is in response to your letter of June 27, 1979, which inquire whether there are any regulations governing the installation of a propane-fueled engine, or the conversation of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.; To date, the National Highway Traffic Safety Administration (NHTSA) ha not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 *et seq.*) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity*, applies only to vehicles which use fuel with a boiling point above 32 degrees Fahrenheit., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.; Under NHTSA safety regulations, a person who alters a new vehicle prio to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108(b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; A person who installs a propane- fueled engine or converts th gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable safety standards. (Section 108(a)(2)(A) of the Act); I hope that you will find this response helpful and have not bee inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam0062

Dear Mr. Cedarblade: Thank you for your letter of April 8, 1968, to Mr. George Nield concerning the location requirements for clearance lamps as specified by Federal Motor Vehicle Safety Standard No. 108.; Enclosed is a copy of the Federal Motor Vehicle Safety Standards (wit amendments and interpretations through February 15, 1968). Standard No. 108 appears on page 39 of this publication. The location requirements for clearance lamps are included in Table II (page 50), of the standard. Since the requirements specify locations as near as practicable to the upper left and right extreme edges of the vehicle, the exact locations will vary, depending upon the design and utilization of the vehicle on which the lamps are mounted. When the rear identification lamps are mounted at the extreme height of the vehicle, rear clearance lamps may be mounted at optional heights. I would also point out that Standard No. 108 is applicable to new vehicles manufactured for sale on or after the effective date of the standard.; With respect to the requirements of Standard No. 108, I must point ou that this Bureau does not issue approvals on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only and in no way relieve the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of the standard.; Thank you for writing. Sincerely, David A. Fay, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: aiam4230

Dear Mr. MacGregor: Thank you for your letter of August 28, 1986, to Stephen Oesch of m staff concerning Standard No. 301, *Fuel System Integrity*. You asked whether the performance requirements of the standard would apply to a propane-fired engine block heater. You explained that the heater has its own fuel system that is independent of the vehicle's fuel system. As explained below, a propane-fired heater would not be covered by Standard No. 301.; Standard No. 301 sets performance requirements for the fuel system use in certain motor vehicles. The heater you have described apparently does not have any connections to the fuel tank or fuel lines of the vehicle. Instead, the heater has its own propane fuel system. Since the heater is not connected to the vehicle's fuel system, it would not be covered by the standard. Even if the heater were connected to the vehicle fuel system, it would not have to meet the performance requirements of the standard, since it is a propane-fired heater. S3 of Standard No. 301 limits the application of the standard to vehicles that use a fuel with a boiling point above 32 degrees Fahrenheit. Propane has a boiling point below 32 degrees Fahrenheit.; Even though the heater is not covered by the requirements of Standar No. 301, it would be considered an item of motor vehicle equipment. I have enclosed a copy of an information sheet that describes how our regulations, including those on defect notification and remedy campaigns, apply to equipment manufacturers.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam3313

Dear Mr. Gill:#This responds to your letter of April 22, 1980, askin two questions about Standard No. 101-80, *Controls and Displays*.#Your first question concerns whether a display incorporated in the tachometer instrument face that shows which gear position has been selected by the automatic transmission control lever is an 'informational readout display.' You explained that the display 'consists of 5 stacked transparent screens on which are printed 'D', '2', 'N', 'P', 'R' to identify the transmission control lever positions. Each screen is illuminated by an incandescent bulb which is energized selectively through contacts at the control lever.'#The display which you have described is not an informational readout display. Section 4 of the standard defines 'informational readout display' as 'a display using light-emitting diodes, liquid crystals or other electro illuminating devices where one or more than one type of information or message may be displayed.' As explained in the June 26, 1978, preamble to the final rule establishing Standard No. 101-80, the agency did not want to inhibit the development of electronic 'readout' panels which present the driver with specific information concerning vehicle and environmental conditions affecting safety. The preamble further described these devices as displays 'capable of exhibiting information and warning with word messages and not with symbols.' The device you have described uses symbols instead of words and conventional incandescent bulb technology instead of electronic technology and thus is not an informational readout display.#The display you have described is a gauge. Section 4 of the standard defines 'gauge' as 'a display that is listed in S5.1 or in Table 2 and is not a telltale.' Section 5.1 and Table 2 do not identify the automatic gear position as a telltale. Likewise, an automatic gear position display does not meet the definition of 'telltale.' Section 4 of the standard defines 'telltale' as 'a display that indicates, by means of a light-emitting signal, the actuation of a device, a correct or defective functioning or condition, or failure to function.' In this case, the display does not indicate the activation of a device since a transmission is always activated. Likewise, the display does not indicate that the transmission is functioning correctly or improperly or has failed to function. Section 5.3.3 provides that the light intensity of each gauge shall be continuously variable. The display you have described does not comply with section 5.3.3, since it only has two light intensities.#Your second question concerns 'a display adjacent to the shift control lever which shows the transmission shift level sequence. The identifying characters 'P', 'R', 'N', '2', 'D', are shown on a transparent screen, the position selected is indicated by a colored panel which moves with the shift control level.' You explained that the 'colored panel *only* is illuminated when the headlights are switched on showing which position is selected, the other positions on the display are not illuminated.' [Emphasis in the original]#You asked whether the display is exempt from the illumination requirements of the standard because it is 'a hand- operated control mounted upon a...floor console' or because it is a 'telltale.' Section 5.1 and Table 2 of the standard classify an automatic gear position indicator as a display. Thus, an automatic gear position indicator cannot be a 'hand-operated vehicle control.'#Further, the display that you have described is not a 'telltale.' As explained above, an automatic gear position display is a gauge. According to your description, the display '*only* is illuminated when the headlights are switched on.' Section 5.3.3 of the standard requires the light intensity for gauges to be continuously variable. Since the illumination for the display you have described apparently is not variable, it would not comply with the standard.#If you have any further questions, please let me know.#Sincerely, Frank Berndt, Chief Counsel;

ID: aiam3315

Dear Mr. Gill:#This responds to your letter of April 22, 1980, askin two questions about Standard No. 101-80, *Controls and Displays*.#Your first question concerns whether a display incorporated in the tachometer instrument face that shows which gear position has been selected by the automatic transmission control lever is an 'informational readout display.' You explained that the display 'consists of 5 stacked transparent screens on which are printed 'D', '2', 'N', 'P', 'R' to identify the transmission control lever positions. Each screen is illuminated by an incandescent bulb which is energized selectively through contacts at the control lever.'#The display which you have described is not an informational readout display. Section 4 of the standard defines 'informational readout display' as 'a display using light-emitting diodes, liquid crystals or other electro illuminating devices where one or more than one type of information or message may be displayed.' As explained in the June 26, 1978, preamble to the final rule establishing Standard No. 101-80, the agency did not want to inhibit the development of electronic 'readout' panels which present the driver with specific information concerning vehicle and environmental conditions affecting safety. The preamble further described these devices as displays 'capable of exhibiting information and warning with word messages and not with symbols.' The device you have described uses symbols instead of words and conventional incandescent bulb technology instead of electronic technology and thus is not an informational readout display.#The display you have described is a gauge. Section 4 of the standard defines 'gauge' as 'a display that is listed in S5.1 or in Table 2 and is not a telltale.' Section 5.1 and Table 2 do not identify the automatic gear position as a telltale. Likewise, an automatic gear position display does not meet the definition of 'telltale.' Section 4 of the standard defines 'telltale' as 'a display that indicates, by means of a light-emitting signal, the actuation of a device, a correct or defective functioning or condition, or failure to function.' In this case, the display does not indicate the activation of a device since a transmission is always activated. Likewise, the display does not indicate that the transmission is functioning correctly or improperly or has failed to function. Section 5.3.3 provides that the light intensity of each gauge shall be continuously variable. The display you have described does not comply with section 5.3.3, since it only has two light intensities.#Your second question concerns 'a display adjacent to the shift control lever which shows the transmission shift level sequence. The identifying characters 'P', 'R', 'N', '2', 'D', are shown on a transparent screen, the position selected is indicated by a colored panel which moves with the shift control level.' You explained that the 'colored panel *only* is illuminated when the headlights are switched on showing which position is selected, the other positions on the display are not illuminated.' [Emphasis in the original]#You asked whether the display is exempt from the illumination requirements of the standard because it is 'a hand- operated control mounted upon a...floor console' or because it is a 'telltale.' Section 5.1 and Table 2 of the standard classify an automatic gear position indicator as a display. Thus, an automatic gear position indicator cannot be a 'hand-operated vehicle control.'#Further, the display that you have described is not a 'telltale.' As explained above, an automatic gear position display is a gauge. According to your description, the display '*only* is illuminated when the headlights are switched on.' Section 5.3.3 of the standard requires the light intensity for gauges to be continuously variable. Since the illumination for the display you have described apparently is not variable, it would not comply with the standard.#If you have any further questions, please let me know.#Sincerely, Frank Berndt, Chief Counsel;

ID: 8493

Mr. Brett J. Higgins
10257 Slater Ave. #103
Fountain Valley, CA 92708

Dear Mr. Higgins:

This responds to your letter of March 25, 1993 to former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a

special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably.

I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this device for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. As stated above, this device is not subject to any safety standard, so you do not have to make any certification.

Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be "rendered inoperative" by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:VSA#208 d:4/26/93

ID: nht93-3.19

DATE: April 26, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Brett J. Higgins

TITLE: None

ATTACHMT: Attached to letter dated 3-25-93 from Brett J. Higgins to Paul Jackson Rice (OCC 8493)

TEXT: This responds to your letter of March 25, 1993 to former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a

special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably.

I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 ET SEQ.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, OCCUPANT CRASH PROTECTION (49 CFR S571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this device for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. As stated above, this device is not subject to any safety standard, so you do not have to make any certification.

Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

In addition, use of your product could be affected by section 108 (a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative,"

in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be "rendered inoperative" by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, FLAMMABILITY OF INTERIOR MATERIALS (49 CFR S571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

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