ID: 3193yy

Mr. Kenneth M. Bush
Regulations Manager, Government Relations
American Suzuki Motor Corporation
3251 E. Imperial Hwy.
P.O. Box 1100
Brea, CA 92622-1100

Dear Mr. Bush: This responds to your letter of September 6, 1991, to Mr. Vinson, asking whether a vehicle you are developing would be classified as a multipurpose passenger vehicle for the purposes of the Federal motor vehicle safety standards. I am pleased to be able to explain our law and regulations for you.

At the outset, I would like to make clear that the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of any enforcement actions. We will, however, tentatively state how we believe we would classify this vehicle for the purposes of our safety standards. It is important that you understand that these tentative statements of classification are based entirely on our understanding of the information presented in your letter to us. These tentative statements about the vehicle's classification may change after NHTSA has had an opportunity to examine the vehicle itself or otherwise acquire additional information about the vehicle.

With those caveats, we believe that the vehicle referenced in your letter could be classified as a multipurpose passenger vehicle for the purposes of our safety standards. The term "multipurpose passenger vehicle" is defined in 49 CFR 571.3 as "a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." In your letter, you state that the vehicle's chassis should be considered a truck chassis because it "was originally designed to provide cargo-carrying capability as well as to permit rough road and off the road vehicle operation." Additionally, you state that the approach and departure angles and the running clearance dimensions for this vehicle are more similar to other vehicles which have been classified by their manufacturers as multipurpose passenger vehicles than vehicles that have been classified as passenger cars. Based upon this description, it appears to us that this vehicle could be classified as a multipurpose passenger vehicle.

I hope you find this information helpful. The version of your letter that has been placed in the public docket has all the information for which you requested confidential treatment deleted from it. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:571 d:l0/23/9l

ID: 7117

Mr. George F. Reuss
Reuss Engineers, Inc.
P.O. Box 22
Waltz's Mills
Madison, PA 15663

Dear Mr. Reuss:

This responds to your letter addressed to Barry Felrice, NHTSA's Associate Administrator for Rulemaking, concerning your recently patented vehicle that is designed to transport passenger cars. You requested information about which specific regulations and standards would be applicable to your vehicle. I am pleased to have this opportunity to explain our regulations. I am also enclosing the agency's general information fact sheet for new manufacturers and a booklet entitled "Federal Motor Vehicle Safety Standards and Procedures," which summarizes the basic requirements of our safety standards and shows which standards apply to various vehicle types.

You explained that your vehicle consists of a chassis with a gross vehicle weight rating (GVWR) greater than 10,000 pounds and a structural frame between the cab and rear wheels. This frame includes moveable forks that can be extended from the framework and inserted beneath a passenger car's tires. The forks can be raised and retracted into the framework, thus allowing your vehicle to transport the passenger car.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A); the Safety Act) authorizes this agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles must certify compliance of their products in accordance with 49 CFR Part 567, Certification. I note that you may be considered a "final-stage manufacturer" under Part 568, Vehicles Manufactured in Two or More Stages, because you purchase the chassis. Section 102(3) of the Safety Act 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."

Based on the description in your letter, it appears that your vehicle is a motor vehicle under the Safety Act. More specifically, it appears that your vehicle would be considered a "truck" under the agency's regulations. The term "truck" is defined, at 49 CFR Part 571.3, as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

Accordingly, your vehicle must comply with all Federal motor vehicle safety standards that are applicable to trucks with a GVWR greater than 10,000 pounds and be certified as conforming to those standards.

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,

Paul Jackson Rice Chief Counsel

Enclosure

ref: VSA d:4/29/92

ID: 77-3.29

TYPE: INTERPRETATION-NHTSA

DATE: 07/15/77

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

TO: Patton, Boggs & Blow

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 20, 1977, petition to amend Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. In your petition, you request that the National Highway Traffic Safety Administration (NHTSA) permit the use of tires that have a maximum load rating of not less than 95% of the gross axle weight rating (GAWR) and not less than 95% of the gross vehicle weight rating (GVWR). Your petition is denied.

The problem addressed by your petition concerns a revision in the 1977 Tire and Rim Manual that alters the load rating of tires. In effect, this revision will result in lower load ratings for certain tires. According to the facts you submit, the change in tire load rating will be implemented by tire manufacturers throughout the next few months which may not provide vehicle manufacturers sufficient time to correspondingly alter the GAWRs of their vehicles in accordance with the new tire load ratings. Therefore, for a short period of time, you allege that it will be impossible to obtain tires that correspond to the GAWR indicated on the vehicle.

To alleviate the above problem, you recommend rulemaking that would permit vehicle manufacturers to install on their vehicles tires with load ratings slightly less than the GAWR of each axle. The NHTSA cannot permit the relief you request even for the limited time you propose. The intent of our tire standards is to provide minimum requirements for tires to ensure adequate safety. One of these minimum requirements mandates that the tire load rating be at least equal to the GAWR. Your request would have us reduce this minimum requirement. Since the matching of tires on a vehicle with the GAWR of each axle is such a basic principle of safety, the agency concludes that it would not be in the interest of safety to grant your request. Further, such an amendment might violate Section 202 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 et seq.), which requires that motor vehicles be equipped "with tires which meet the maximum permissible-load standards when such vehicle is fully loaded. . . ."

As you may know, the label requirements of Standard No. 120 which become effective in September permit you to list suitable tire and rim combinations on the vehicle. You need not equip a vehicle, however, with the tires indicated on the label. In this case, you may equip a trailer with any trailer tire that has a load rating equal to or greater than the GAWR of its associated axle. This may help resolve part of your problem with respect to a short term problem with matching tires on the vehicle with those indicated on the vehicle label.

ID: nht80-3.16

DATE: 07/10/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Niles Parts Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

FMVSS INTERPRETATION JUL 10, 1980

NOA-30

Mr. Y. Koyama Chief of Technical Service Section Niles Parts Co-, Ltd. 4-9-16 Higashikojiya Ota-ku(44) Tokyo JAPAN Dear Mr. Koyama:

This responds to your letter of June 3, 1980, which was forwarded to this office for reply about the identification required by Standard No. 101-80 Controls and Displays, for the rear window defogger switch. This office never received a copy of your earlier letter.

Section 5.2.1 of the standard requires that "any hand operated control listed in column 1 of Table 1 that has a symbol designated in column 3 shall be identified by that symbol". Based on the drawing submitted with your letter, Niles has used the identifying symbol specified in Table 1 for the rear window defrosting and defogging system switch. As we understand your letter, the identification will include the full outline of the required symbol colored in orange. However, due to the injection moulding procedure used for the switch, "about 1 mmm of outline of the symbol will be less colored in orange. " In other words, that area of the outline will be colored a dimmer shade of orange than that used on the rest of the outline. This is permissible since the standard does not require, uniformity in the coloring of the required identification symbol.

If you have any additional questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel

National Highway Traffic Safety Administration, Office of Motor Vehicle Programs, 400 Seventh Street SW, Washington D. C. U. S.

Att: Mr. JOhn Carson Re: Symbol Mark on the Rear Defog Switch for Identification stipulated by FMVSS No. 101-80

Dear Sirs:

We wish to refer again to our letter dated April 10, 1980. We regret that we have not yet received your answer for this letter.

We herewith enclose once again the explanatory drawing.

Owing to Injection molding procedure of this product, in dark place, about 1 mm of outline of the symbol will be less colored in orange.

May we ask you whether the symbol mark will satisfy the require-ment of identification of FMVSS No. 101-80 or not.

Please let us have your answer by return, otherwise our engineer is too much nervous to proceed on his work further.

Thanking you for your good support and cooperation, we are.

Very truly yours,

NILES PARTS CO., LTD.,

Y. Koyama, Chief of Technical Service Section

ID: nht74-1.21

DATE: 07/08/74

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Lackey, Alexander & Jackson

TITLE: FMVSS INTERPRETATION

TEXT: We are enclosing herewith a copy of new Federal Motor Vehicle Safety Standard No. 119, which becomes effective March 1, 1975, and a copy of a notice of proposed rulemaking regarding a new Federal standard (No. 120) which proposes requirements for tire selection and rims for motor vehicles other than passenger cars.

There are no Federal requirements regarding the tensile strength of tire bead.

We regret we cannot be of further assistance.

Sincerely,

ATTACH.

LAW OFFICE

LACKEY, ALEXANDER & JACKSON

June 15, 1974

United States Department of Transportation -- National Highway Traffic Safety Administration;

Atten: E. T. Driver,

Dear Mr. Driver:

In your letter addressed to the undersigned, you enclosed copies on Standard Regulation Nos. 109, 110, 117, and part of 574. You stated that you were in the process of developing proposed Standards Nos. 119 and 120. If these standards have been completed, I will appreciate your forwarding a copy of the same to me.

I do not intend to impose upon you, but if you have in your rules and regulations any test of the tensile strength of the steel wires forming the bead as defined in 22914, Section 571.109, Standard No. 109, Sub-Section S-3, I would appreciate your also forwarding a copy of same.

I am now prosecuting a case against a manufacturer and find that the bead wire is completely separated. When it was placed upon the rim to be mounted, air was put in the tire to cause it to expand to the rim; and the party mounting the tire lost an eye when the air escaped with great force at the break in the bead into his face.

The defense to this law suit appears to be that the party mounting the tire put too much air in the tire which caused the bead to separate. I have had the tire X-rayed and find a clean break in the steel wires in the bead; but there is no breaking of the fabric or the rubber.

I, therefore, need to know the tensile strength of the wires forming the bead in order to meet my opponents' effort to prove that the steel wires were broken because of excessive inflation of the tire. If you have any regulation as to the required tensile strength of the bead wires, I will appreciate your furnishing me a copy of such regulation or specification.

Your cooperation in this matter is very much appreciated.

Yours very truly,

Joseph L. Lackey

ID: nht79-4.21

DATE: 12/05/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Michelin Tire Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of November 19, 1979 asking for clarification of the tire manufacturer's responsibility, as of April 1, 1980, for providing Uniform Tire Quality Grading (UTQG) point of sale information for radial tires sold as original equipment on new passenger cars. You also ask what the original equipment tire manufacturer's responsibility will be for providing UTQG information as of October 1, 1980.

The UTQG Standards (49 CFR 575.104) require that tire grading information be made available to consumers by several means. Grading information must be molded on the tire sidewall (49 CFR 575.104(d)(1)(i)(A)), contained in a label affixed to the tread surface (49 CFR 575.104 (d)(1)(i)(B), and furnished under 49 CFR 575.6(a) and (c) to motor vehicle first purchasers and to prospective purchasers of vehicles and tires (49 CFR 575.104(d)(1)(ii) and (iii)).

For radial tires, the effective date for sidewall molding is October 1, 1980, regardless of whether the tire is sold for use as original equipment on a new vehicle or as a replacement tire. However, the tread labeling requirement, effective April 1, 1980 in the case of radial tires, specifically exempts tires sold as original equipment on new vehicles. Therefore, the tire manufacturer is not responsible for the attachment of UTQG tread labels to tires which are in fact sold for use as original equipment on new vehicles.

Motor vehicle and tire manufacturers are responsible under 49 CFR 575.104(d)(1)(ii) and 575.6(c) for providing certain UTQG point of sale information to prospective purchasers of their products. This requirement, which in the case of original equipment tires does not necessitate display of the specific UTQG grades applicable to particular tires; takes effect April 1, 1980, for radial tires.

Pursuant to 49 CFR 575.104(d)(1)(iii) and 575.6(a), first purchasers of vehicles equipped with radial tires manufactured after October 1, 1980 must be supplied with an explanation of the UTQG system containing a statement referring the reader to the tire sidewall for specific UTQG grades. However, responsibility for supplying this information rests with the motor vehicle manufacturer rather than the tire manufacturer.

Sincerely,

ATTACH.

November 19, 1979

DICK HIPLETT -- Office of the Chief Counsel, National Highway Traffic Safety Administration

Dear Sir: Would you please clarify for us what the original equipment manufacturers' responsibility will be as of April 1, 1980 regarding point of sales UTQG information for radial tires.

Also, what will the original equipment manufacturers' responsibility be regarding consumer UTQG information as of October 1, 1980.

Thank you.

Yours truly, MICHELIN TIRE CORPORATION Technical Group; John B. White -- Engineering Manager, Technical Information Dept.

ID: nht79-4.55

DATE: 07/19/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mini-Comtesse

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your May 21, 1979, letter asking whether the two vehicles that you manufacture, the Comtesse and the Super-Comtesse, would be considered as mopeds for the purpose of applying Federal motor vehicle safety standards.

The National Highway Traffic Safety Administration (NHTSA) defines motor-driven cycle (moped) as "a motorcycle with a motor that produces 5-brake horsepower or less." A motorcycle is defined as "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground." Further, the application of some standards to mopeds depends upon their having a maximum speed obtainable in 1 mile of 30 mph or less.

The Super-Comtesse that you manufacture, since it has 4 wheels, would not qualify as a motorcycle or as a moped. Since this vehicle has many of the aspects of a passenger car, it would be required to comply with the passenger car safety standards. The Comtesse, since it operates on three wheels, would be considered a motorcycle. If the Comtesse meets the other definitional requirements applicable to mopeds, it would be required to comply with the standards applicable to motorcycles or motor-driven cycles.

All Federal motor vehicle safety standards are located in Volume 49 of the Code of Federal Regulations in Part 571. Many of the standards are applicable to passenger cars. Only a few standards apply to motorcycles or motor-driven cycles. I am enclosing a package of information pertaining to the applicability of safety standards to mopeds.

The NHTSA has studied three-wheeled vehicles in the past and has had serious reservations about the safety of these vehicles. I am enclosing a copy of an agency notice issued on this subject. We hope that your vehicle does not have similar safety problems.

SINCERELY,

Frank BERNDT

Acting Chief Counsel

NATIONAL HIGHWAY TRAFFIC

SAFETY ADMINISTRATION

Angers - May 21, 1979

Dear Sir,

Mr. J.M. LORNE of the French Embassy has advised us to contact you relating to the classification of our vehicles in the United States.

We have enclosed leaflets of the COMTESSE and SUPER-COMTESSE manufactured by our Company, and we shall be most obliged if you will please let us know:

- whether these two models may be classified as mopeds by your Administration (2 cycle engine, piston displacement 49 cc)?

- according to the category in which they will be classified, what would be the regulations and driving conditions to be observed?

Looking forward with much interest to your comments and thanking you in anticipation, we are

R. HIRIBARREN Director (Attachments omitted.)

ID: nht80-1.24

DATE: 03/05/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Paul Stumbaugh, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: Please accept my apologies for our delay in responding to your letter of September 17, 1979. You asked whether your client would be required to submit to this agency's inspection or gain its approval before installing a device which connects the gas cap of an automobile to the horn by wires and switches so that the horn blows continuously when the gas cap is removed by a potential thief.

Your client would not be required to obtain an inspection of his product by this agency or to obtain an approval of his product. However, he would be required to comply with other requirements should he begin to manufacture or install his device.

Part 566 of Title 49 of the Code of Federal Regulations (copy enclosed) requires every person who begins the manufacture of motor vehicles or motor vehicle equipment to submit certain information about his business to this agency not later than thirty days after he begins manufacture. The information consists primarily of the name and address of the manufacturer and a description of the types of motor vehicles or motor vehicle equipment to be produced.

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 knowingly rendered inoperative the compliance of the fuel system or another system, he would be in violation of section 108(a)(2)(A).

I hope that you will find this information helpful. If you have further questions please feel free to contact Ms. Debra Weiner of my staff at 202-426-2992.

SINCERELY,

PAUL STUMBAUGH ATTORNEY AT LAW

September 17, 1979

Dept. of Transportation Auto Safety Standards

Gentlemen:

I have a client who has invented a device for use on an automobile. His unit involves wires and switches which connect the gas cap to the horn, and the horn blows continuously when someone removes the gas cap for stealing gas; but the same can be disconnected by a switch in the front seat of the automobile for the purpose of filling your tank with gas, etc.

I need to know if any type of inspection, is required and approval by your department before this device can be installed in vehicles for every day use.

Your advice would be appreciated.

PAUL STUMBAUGH Attorney at Law

ID: nht78-2.7

DATE: 10/31/78

FROM: AUTHOR UNAVAILABLE; S. P. Wood for J. J. Levin, Jr.; NHTSA

TO: Subaru of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 12, 1978, with respect to Subaru's intention to offer "a retracting center auxiliary lamp" on one of its models. You have asked us to comment on the lamp's nomenclature, switching, and compliance problems.

The lamp in question is not an item of lighting equipment required by Federal Motor Vehicle Safety Standard No. 108 and may be added as standard equipment provided it does not impair the effectiveness of equipment that the standard does require. Whether this device would cause impairment we cannot say since you have told us nothing of its candle-power output or its color. If it is operable by a separate on/off switch it could be viewed as impairing the effectiveness of the headlights by causing the operator to use it and rely on it at a time when the headlamps should be in use. We have no opinion on what you should call the lamp.

Even if permissible and not prohibited under Federal lighting requirements we believe that you should be aware of possible problems at the State level. An auxiliary driving light similar to the one you describe (though positioned closer to the right headlamps) was offered as optional equipment on 1969 Dodge cars, named the "Super Lite", and intended to be used in conjunction with low beam headlights to increase the strength of the headlamp system without producing the glare effects associated with high beams. The States of New Hampshire, New York, and Vermont prohibited the lamp primarily because its bluish color was judged close to that of the color reserved for use on emergency vehicles (see Chrysler Corp. v. Rhodes, 294 F. Supp. 665 (1968) and Chrysler Corp. v. Tofany, 419 F.2d 499 (1969)). We therefore suggest that Subaru review its plans with State officials.

SINCERELY,

SUBARU OF AMERICA, Inc.

September 12, 1978

Joseph J. Levin, Jr. Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation

Re: FMVSS 108

Dear Mr. Levin:

Subaru of America plans to offer as standard on our MPV, BRAT model, a retracting center auxiliary lamp. We request your office's comments to the following questions.

1. Can we call the center lamp an auxiliary driving lamp?

2. Can we use a single on/off switch for this lamp? Or must it be switched to be used only with bright beam headlamps?

3. What are the compliance problems, if any?

Paul Utans Assoc. Vice President Product Compliance

(Graphics omitted)

ID: nht93-3.50

DATE: May 18, 1993

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

TO: Carl W. Ruegg -- President, Carlo International, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3-27-93 from Carl W. Ruegg to Niel Eisner (OCC 8513)

TEXT: This responds to your letter of March 27, 1993, to Mr. Eisner of the General Counsel's Office of the Department of Transportation (DOT). You intend to import "car parts" into the United States, and would like to know "the legal definition of a vehicle that comes within the scope of D.O.T. regulations". You assume that "a part such as fender or other body parts do not." You have asked this question because some individual parts may arrive as part of assemblies, such as "chassis and body assembly or perhaps chassis and body plus front & rear axle transmissions."

The National Highway Traffic Safety Administration (NHTSA) is the component of DOT that regulates the importation of motor vehicles and motor vehicle equipment, principally through the National Traffic and Motor Vehicle Safety Act and regulations issued under its authority such as the Federal motor vehicle safety standards (FMVSS). Each part or component of a motor vehicle is motor vehicle equipment subject to NHTSA's jurisdiction.

The Act requires that motor vehicle equipment, whether new or used, meet all applicable FMVSS in order to be imported into the U.S. Some of the FMVSS apply to items of motor vehicle equipment. Thus, whether shipped separately or as part of an assembly, equipment such as brake hoses, tires, brake fluid, rims for vehicles other than passenger cars, glazing, seat belt assemblies, and wheel covers must comply in order to be admitted into this country.

As your question implies, there is a point at which an assemblage of motor vehicle equipment becomes a "motor vehicle". An assemblage becomes an "incomplete motor vehicle" subject to regulation as a vehicle manufactured in two or more stages (49 CFR Part 568) when it consists, at a minimum, of "frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent those systems are to be part of the completed vehicle, that requires further manufacturing operations . . . to become a completed vehicle (Sec. 568.3)." As the intention is to import the vehicle without the electric power train, the assemblage you contemplate is not a "motor vehicle" and remains an assemblage of motor vehicle equipment whose individual components, as noted in the preceding paragraph, are required to comply with the applicable FMVSS.

Your letter informs us that "(t)hese parts and partial assembly's (sic) would be sold as kits for conversion to electric vehicle." When the power train is added, the person completing the manufacture of the vehicle is considered to be its manufacturer, required to certify compliance with all applicable FMVSS.

If you have any further questions, we would be pleased to answer them.