ID: nht79-3.34

DATE: 06/18/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Cars & Concepts, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 21, 1979, letter concerning the marking requirements for vehicle windshields having shade bands. You asked whether the "A S1" marking symbol required by Safety Standard No. 205, Glazing Materials, can be placed on the tint band itself rather than on the glazing material below the band, if the tint band is a flexible sheet applied on top of the glazing.

Safety Standard No. 205 incorporates by reference the American National Standard "Safety Code for Safety Glazing Materials", ANS Z26. The ANS Z26 standard requires special additional markings for glazing that has shade bands or tinted areas:

"Glazing materials, which in a single sheet of material, are intentionally made with an area having a luminous transmittance of not less than 70 percent (Test No. 2), adjoining an area which has less than 70-percent luminous transmittance, shall be permanently marked at the edge of the sheet to show the limits of the area which is intended to comply with Test No. 2. The markings shall be A S1 or A S2, etc., the direction of the arrow indicating the portion of the material which complies with Test No. 2 and the number indicating the item with which that portion of the sheet complies . . . ."

You will note from the quoted portion of this specification that the special marking is only required if the tinted shade band area of the windshield has a luminous transmittance of less than 70 percent. Your letter states that the transparent windshield tint band that you intend to use allows 70 percent light transmission. Therefore, you would not be required to use the "A S1" special marking either on the band itself or on the glazing.

For removable tint bands of this type that do not have a 70 percent light transmission, however, the agency would permit the "A S1" marking to be on the tint band itself rather than on the underlying glazing, provided the marking is located at the lowest possible portion of the tint band.

Sincerely,

ATTACH.

May 21, 1979

Joseph J. Levin -- Chief Council, N.H.T.S.A.

Dear Mr. Levin:

Cars & Concepts is preparing a vehicle for 1980 production which incorporates a transparent windshield tint band. This band would allow 70% light transmission across its width and be located in accordance with SAE J-100.

This band would be applied to a piece of untinted glass and this condition forms the basis for my question. If we install a shade band across the top of a vehicle's windshield, are we required to sandblast the designation "AVSI" onto the glass below the band (I understand it is cited through reference in FMVSS No. 205)?

If this "AVSI" notice is required on untinted glass when a shade band is applied, I propose that it should be on the band itself as it is only when the band is on the car (it would be possible to remove the band) that this notice is required.

The N.H.T.S.A.'s decision on this point is critical to our project timing as brochure shots are scheduled and the addition or deletion of this component must be made prior to brochure release. Because of this your response as soon as possible will be greatly appreciated.

Enclosed is a photograph of a vehicle with a prototype version of the mentioned tint band which I feel may clarify our question. Please call if any point is unclear.

Sincerely, Moe Pare -- Director of Design

Encl.

cc: D. Draper; R. Ryan

(Graphics omitted)

ID: nht74-1.46

DATE: 11/05/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Midland-Ross Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Midland-Ross' October 8, 1974, clarification of its February 8, 1974, petition for an amendment of S5.1.2.1 and S5.2.1.2 of Standard No. 121, Air brake systems, that would establish separate air reservoir volume requirements for several brake chamber types generally available in the air brake component market. You point out that Midland-Ross was referring to chamber stroke and not chamber diameter as the chamber dimension which could affect the safety of a brake system. You also requested that we adopt SAE Standard J10b instead of J10a as our specification of a reservoir that "withstands" certain internal hydrostatic pressure.

In our denial of your petition, we did understand your point that additional stroke could be discouraged by a reservoir capacity requirement based on chamber size at maximum travel of the piston or diaphragm. We found that the stopping distance requirements in effect mandate the installation of high performance components, and we do not anticipate a safety problem. If a safety problem does arise in the future, we would consider a modification of S5.1.2.1 and S5.2.1.2.

SAE Standard No. J10b is identical to J10a in its requirement that no rupture or permanent circumferential deformation of the reservoir exceed one percent. Therefore, for purposes of S5.1.2.2 and S5.2.1.3, we are adopting SAE J10b as our specification of "withstand" until we undertake further rulemaking.

Yours truly,

ATTACH.

POWER CONTROLS DIVISION Midland-Ross Corporation

October 8, 1974

James B. Gregory -- Administrator, U.S. Department of Transportation, National Highway Traffic Safety Adm.

Dear Mr. Gregory:

Subject: N40-30 (TWH)

Thank you for your response to our petition dated February 8, 1974 in regard to Section S5.1.2.1 and S5.2.1.2 of Standard 121 Air Brake Systems. We feel that our petition may not have been clear in regard to use of small volume chambers which apparently led to your misinterpreting our concern. We also believe you may have referred to the incorrect SAE Standard regarding air reservoirs.

In regard to our petition for clarification of air reservoir required volumes, we made mention of the fact that "current reservoir volume requirement based on maximum displacement encourages the use of small volume chambers". By this statement we did not imply smaller diameter chambers but shorter stroke chambers. It is quite easily determined that little chamber stroke is required if the foundation brakes are carefully adjusted with minimum liner to drum clearance. A chamber with 1.5" stroke could be adequate and will meet all of the standard's requirements. If a vehicle manufacturer would elect to go with this short stroke, he could reduce reservoir capacity by 25%. However, there would be very little safety factor to allow for drum expansion and liner wear. It is this condition of which we are concerned and feel it is wrong to penalize the vehicle manufacturer by requiring them to have larger reservoirs when they attempt to provide this additional safety advantage. We ask that you again review this matter and adopt one of the recommended changes to S5.1.2.1 and S5.2.1.2 as stated in our petition.

In the last paragraph of your response you mention the NHTSA has adopted the SAE Standard No. J10a in regard to the definition of "withstand". We assume you intended to refer to SAE Standard J10b and would appreciate your concurrence with this assumption.

Sincerely,

M. J. Denholm -- Director of Engineering

ID: aiam3462

This responds to your letter of February 3, 1981, asking two question about Safety Standard No. 105, *Hydraulic Brake Systems*. The questions were asked in regard to a type of brake reservoir you are considering producing which would service both the braking system and the clutch.; The first question is whether an interpretation you have made o section S5.4.2 of the standard is correct. The essential issue to that question is whether hydraulic fluid which is available to the clutch, either for normal use or in the event of clutch failure, can be counted as part of the minimum capacity required by section S5.4.2 for the braking system. The agency interprets the standard to require that the minimum fluid capacity requirements for brake reservoirs be met by fluid which is not available to the clutch, either during normal use or in the event of clutch failure. Thus, as will be explained below, your interpretation is incorrect.; Safety Standard No. 105 establishes requirements for a vehicle' braking system, including minimum capacity requirements for the reservoirs. Neither this standard nor any other Federal motor vehicle safety standard includes requirements for the reservoirs of a vehicle's clutch. While nothing prohibits a manufacturer from producing a master cylinder which service both the vehicles braking system and clutch, the minimum fluid capacity requirements for reservoirs must be met separately for a vehicle's braking system.; The first sentence of section S5.4.2 states: >>>Reservoirs, whether for master cylinders or other type systems shall have a total minimum capacity equivalent to the fluid displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoirs move from a new lining, fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position, as determined in accordance with S7.18(c) of this standard.<<<; This section specifies the total minimum fluid capacity that vehicle's braking system reservoirs must have. That amount is determined by reference to the vehicle's braking system, i.e., by the fluid displacement which results when all the wheel cylinders or caliper pistons serviced by the reservoirs move from a new lining, fully retracted position to a fully worn, fully applied position. The purpose of this requirement is to assure that a vehicle's braking system reservoirs have adequate fluid capacity to service the brakes.; The agency interprets section S5.4.2 to require that the minimum flui capacity requirements for brake reservoirs be met by fluid which is solely available to the brakes. If fluid is available to both the brakes and the clutch, some of that fluid is available to both the brakes and the clutch, some of that fluid will be used by the clutch in normal service and thus be unavailable to the brakes. In the event of clutch failure, all of the common fluid may be used by the clutch. Therefore, while Standard No. 105 does not prohibit manufacturers from producing master cylinder with reservoirs that have some fluid available to both the braking system and clutch, non of that common fluid may be counted toward meeting the minimum fluid capacity requirements of section S5.4.2.; Your interpretation of section S5.4.2 is incorrect because it count common fluid toward meeting these requirements. In reference to Figure 1 that you attached with your letter, no fluid above the top of the wall dividing X and Y from Z should be counted toward meeting section S5.4.2's requirements.; We are aware that this interpretation conflicts with our July 10, 1974 interpretation that you attached with your letter and regret any inconvenience. That interpretation indicated that all five designs included in your letter of May 24, 1974, appeared to conform to section S5.4.1, providing that the reservoir capacity requirements of section S5.4.2 were met. That interpretation did not properly consider the requirements of section S5.4.2, as discussed above. It should have indicated that designs (3) and (4) do not comply with Standard No. 105 because they cannot meet section S5.4.2's minimum capacity requirements without counting fluid that is common to the braking system and clutch.; Your letter also asked about which fluid should be counted i determining the minimum warning level specified in section S5.3.1(b). That section refers to a drop in the level of brake fluid in any master cylinder reservoir compartment to less that the recommended safe level specified by the manufacturer or to one-fourth of the fluid capacity of that reservoir compartment, whichever is greater.; The minimum warning level is thus determined by the fluid capacity o each compartment rather than by the total capacity of the reservoir, unless the manufacturer recommends a higher safe level. In reference to Figure 1 that you attached with your letter, the compartments in question are X and Y. Thus, the warning level for compartment X must not be less than 1/4 of the capacity of X. Similarly, the warning level for compartment Y must not be less that 1/4 the capacity of Y. Since there may be safety advantages to higher warning levels, particularly where the capacity of individual compartments is small in relation to the capacity of the reservoir, you may wish to specify a higher warning level such as that indicated in Figure 1, i.e., at a level above the wall separating X form Y.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3785

Dear Mr. McCarl: This responds to your November 23, 1983 letter regarding th applicability of motor vehicle certification requirements to a new vehicle to be imported by Isuzu Motors. This small utility vehicle would be certified as a truck. Isuzu dealers will offer for the vehicle an optional rear seat which can be installed by simply bolting it to the vehicle. The basic vehicle already has the necessary mountings for the seat, so the seat installation can apparently be readily accomplished. You have asked whether installation of these seats constitutes 'alteration' of the vehicle by the dealer, requiring the addition of an alterer's label in accordance with 49 CFR 567.7.; Based on your description of the seat installation process, it appear that dealers installing the seats would be subject to 49 CFR 567.6, 'Requirements for persons who do not alter certified vehicles or do so with readily attachable components.' Since the seats appear to be 'readily attachable components,' section 567.6 requires dealers to leave the manufacturer's certification label in place and requires no alterer's label to be added.; If you have further questions on this matter, please contact us. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3786

Dear Mr. McCarl: This responds to your November 23, 1983 letter regarding th applicability of motor vehicle certification requirements to a new vehicle to be imported by Isuzu Motors. This small utility vehicle would be certified as a truck. Isuzu dealers will offer for the vehicle an optional rear seat which can be installed by simply bolting it to the vehicle. The basic vehicle already has the necessary mountings for the seat, so the seat installation can apparently be readily accomplished. You have asked whether installation of these seats constitutes 'alteration' of the vehicle by the dealer, requiring the addition of an alterer's label in accordance with 49 CFR 567.7.; Based on your description of the seat installation process, it appear that dealers installing the seats would be subject to 49 CFR 567.6, 'Requirements for persons who do not alter certified vehicles or do so with readily attachable components.' Since the seats appear to be 'readily attachable components,' section 567.6 requires dealers to leave the manufacturer's certification label in place and requires no alterer's label to be added.; If you have further questions on this matter, please contact us. Sincerely, Frank Berndt, Chief Counsel

ID: aiam5305

"Dear Mr. Taylor: This responds to your FAX to Mary Versailles of thi office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone conversations with Mary Versailles and Walter Myers. I apologize for the delay in this response. You described the ODSS as a strip of 'D.O.T. standard nylon seat belt webbing' with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is then applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters silk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk-screened designs on its face to serve as a reminder to buckle up. The promotional material you sent with your inquiry indicated that the ODSS is an aftermarket product that 'serves only as an entertainment piece and not as a safety device.' I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, the National Traffic and Motor Vehicle Safety Act. 15 U.S.C. 1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Transportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product. I note that you do not explain what you mean by the term 'D.O.T. standard nylon seat belt webbing.' This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to comply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials. Section 102(4) of the Safety Act defines, in relevant part, the term 'motor vehicle equipment' as: A ny system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle ... (emphasis added). In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to the ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehicle operation. Also, the product would typically be used by ordinary users of motor vehicles. While the ODSS is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that a product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt webbing is designed to have some 'give' to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302, Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts. A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in 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. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicles or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";

ID: nht75-4.41

DATE: 10/01/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: United States Testing Co., Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of September 11, 1975, in which you asked whether Standard No. 217 requires a minimum retention or force in pushing out an emergency exit window after activation of the release mechanism.

You should note that the force applications specified in S5.3.2 for operation of the release mechanism and subsequent extension of the exit by an occupant are maximum requirements. Therefore, a push-out window which only requires enough force to lift the glass and subframe following operation of the release mechanism complies with the requirements of S5.3.2 and S5.4 as long as that force does not exceed the levels specified for the particular reach distance of the release mechanism.

The standard specifies no minimum force requirements for either the operation of the release mechanism or the extension of the exit following release.

SINCERELY,

September 11, 1975

Frank A. Berndt Acting Chief Counsel, Department of Transportation

I am writing on behalf of one of our commercial clients, who has requested a legal interpretation of one point of Federal Motor Vehicle Safety Standard No. 217, "Bus Window Retention and Release" (49 CFR 571.217).

The point in question pertains to paragraph S5.3.2 where a maximum force is quoted for window push out after the emergency release mechanism has been actuated. Our client has designed a side window system where, after the emergency release mechanism is activated, only hinges at the window top retain the window. Thus, no push-out force is required other than that to overcome the weight of the glass and sub-frame. The question of interpretation arises as to whether some form of retention is required at the bottom of the window after actuation or if a minimum push-out force at the proper access region applies.

I trust that the above information satisfactorily describes our problem and anxiously await your reply.

Thank you in advance for your cooperation in this matter.

UNITED STATES TESTING COMPANY, INC.

John Lomash Product Engineering Sales

ID: 3112yy

Mr. Garth C. Bates, Jr.
Vice President
Steward & Stevenson Services, Inc.
P.O. Box 1637
Houston, Texas 77251-1637

Dear Mr. Bates:

This responds to your letter of July 12, 1991. In the letter, you ask whether the National Highway Traffic Safety Administration (NHTSA) has regulations concerning the construction or testing of compressed natural gas (CNG) automotive fuel tanks.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. NHTSA is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment nor 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.

Standard No. 301, Fuel System Integrity, (49 CFR 571.301) specifies requirements for the integrity of motor vehicle fuel systems. However, that standard does not apply to vehicles that use only fuel with a boiling point below 32 degrees Fahrenheit. Since CNG has a boiling point well below this level, vehicles manufactured to be fueled only by CNG are not covered by the standard. You should be aware, however, that NHTSA recently discussed the possibility of establishing a fuel system integrity standard for vehicles using CNG in an Advance Notice of Proposed Rulemaking (ANPRM). The ANPRM was published in the Federal Register on October 12, 1990 (55 FR 41561).

There are some requirements that are applicable to manufacturers of CNG automotive fuel tanks. Manufacturers of motor vehicle equipment 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.

Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . .

Since your product would be manufactured for use as an automotive fuel tank, it would be considered "motor vehicle equipment" within the meaning of the Safety Act. If either your company, as the equipment manufacturer, or this agency were to determine that your product contained a defect related to motor vehicle safety, your company would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers.

For your information, I am enclosing a copy of the ANPRM concerning possible fuel system integrity requirements for vehicles using CNG and an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. If you have any further questions, please contact John Rigby of this office at 202-366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosures

/Ref: 301 d:7/30/9l

ID: nht95-2.31

TYPE: INTERPRETATION-NHTSA

DATE: April 10, 1995

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

TO: Chong D. Lee -- President, TMR International, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 2/28/95 LETTER FROM CHONG D. LEE TO PHILIP RECHT

TEXT: Dear Mr. Lee:

This is in reply to your FAX of February 28, 1995, asking several questions about the importation and sale of an aftermarket airbag. The airbag "comes in assembly with a steering wheel" and is intended for installation in vehicles not originally equippe d with a driver's airbag.

You have asked the following questions:

"a) Whether such a product as described is legal for U.S. sale."

There is no Federal prohibition per se against the sale of aftermarket airbags. However, pressure vessels and explosive devices for use in airbag systems must comply with section S9 of Standard No. 208, even if they are aftermarket equipment. Therefore the manufacturer of these items (or the importer, who is defined as a "manufacturer" under our statute) must certify that they comply with the requirements of S9 of Standard No. 208.

S9 prescribes performance requirements that are found in 49 CFR secs. 173 and 178, regulations of another Administration of the Department of Transportation. We suggest that you write the Associate Administrator for Hazardous Materials Safety, Research a nd Special Programs Administration, 400 7th Street, Washington, D.C. 20590 for an opinion as to whether other of its regulations apply to your product or its movement in interstate commerce.

As to whether the laws of the individual States regulate the sale of aftermarket airbags, you should write, for an opinion, the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

"b) Legal procedures, testing or submissions required to certify the product for U.S. sale."

The requirements for compliance with S9 of Standard No. 208 are set forth in 49 CFR secs. 173 and 178. When the manufacturer who is responsible for certifying compliance is satisfied that the equipment, in fact, does conform, it certifies the product. At that point, pressure vessels and explosive devices that are part of an airbag assembly, if not manufactured in the United States, may be imported into this country. A state is not permitted to have performance requirements for pressure vessels and ex plosive devices that differ from those of S9, but it may have a standard requiring identical performance, and, if so, they may ask for documentary assurance of compliance.

"c) Applicable Federal law (e.g. FMVSS 208)."

See replies to your previous questions. You should also note that an aftermarket airbag is "motor vehicle equipment" within the meaning of the U.S. Code. Therefore, if the air bag contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, the manufacturer would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge.

One Federal law does bear upon the installation of the airbag. It is a violation of 49 U.S.C. 30122 if a manufacturer, distributor, dealer, or motor vehicle repair business replaces a piece of original equipment that was necessary for compliance with a Federal motor vehicle safety standard, if the replacement part creates a noncompliance with that standard. The design of the steering wheel may affect compliance with Federal Standards Nos. 203 Impact protection for the driver from the steering control system and 204 Steering control rearward displacement. We recommend that you satisfy yourself that installation of the airbag will not affect the previous ability to comply, of the vehicle in which it is installed, before marketing the product.

"d) Actions or registrations required to reduce legal risks."

We are not in a position to advise you on matters that do not relate to Federal laws that we administer. We recommend that you consult a private attorney on these matters.

"e) Any other information of which we should be aware."

You should encounter no difficulties in importing the airbag and steering wheel under our importation regulation, 49 CFR Part 591 as long as any components that are required to comply with S9 of Standard No. 208 are certified as meeting that standard.

I am enclosing an information sheet that outlines the various laws and regulations that we administer pertaining to motor vehicles and equipment with the thought that you might find it helpful.

ID: 0761

Mr. Chong D. Lee
President, TMR International, Inc.
Suite 165
5820 Canton Center Road
Canton, MI 48187

Dear Mr. Lee:

This is in reply to your FAX of February 28, 1995, asking several questions about the importation and sale of an aftermarket airbag. The airbag "comes in assembly with a steering wheel" and is intended for installation in vehicles not originally equipped with a driver's airbag.

You have asked the following questions:

"a) Whether such a product as described is legal for U.S. sale."

There is no Federal prohibition per se against the sale of aftermarket airbags. However, pressure vessels and explosive devices for use in airbag systems must comply with section S9 of Standard No. 208, even if they are aftermarket equipment. Therefore the manufacturer of these items (or the importer, who is defined as a "manufacturer" under our statute) must certify that they comply with the requirements of S9 of Standard No. 208.

S9 prescribes performance requirements that are found in 49 CFR secs. 173 and 178, regulations of another Administration of the Department of Transportation. We suggest that you write the Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, 400 7th Street, Washington, D.C. 20590 for an opinion as to whether other of its regulations apply to your product or its movement in interstate commerce.

As to whether the laws of the individual States regulate the sale of aftermarket airbags, you should write, for an opinion, the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

"b) Legal procedures, testing or submissions required to certify the product for U.S. sale."

The requirements for compliance with S9 of Standard No. 208 are set forth in 49 CFR secs. 173 and 178. When the manufacturer who is responsible for certifying compliance is satisfied that the equipment, in fact, does conform, it certifies the product. At that point, pressure vessels and explosive devices that are part of an airbag assembly, if not manufactured in the United States, may be imported into this country. A state is not permitted to have performance requirements for pressure vessels and explosive devices that differ from those of S9, but it may have a standard requiring identical performance, and, if so, they may ask for documentary assurance of compliance.

"c) Applicable Federal law (e.g. FMVSS 208)."

See replies to your previous questions. You should also note that an aftermarket airbag is "motor vehicle equipment" within the meaning of the U.S. Code. Therefore, if the air bag contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, the manufacturer would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge.

One Federal law does bear upon the installation of the airbag. It is a violation of 49 U.S.C. 30122 if a manufacturer, distributor, dealer, or motor vehicle repair business replaces a piece of original equipment that was necessary for compliance with a Federal motor vehicle safety standard, if the replacement part creates a noncompliance with that standard. The design of the steering wheel may affect compliance with Federal Standards Nos. 203 Impact protection for the driver from the steering control system and 204 Steering control rearward displacement. We recommend that you satisfy yourself that installation of the airbag will not affect the previous ability to comply, of the vehicle in which it is installed, before marketing the product.

"d) Actions or registrations required to reduce legal risks."

We are not in a position to advise you on matters that do not relate to Federal laws that we administer. We recommend that you consult a private attorney on these matters.

"e) Any other information of which we should be aware."

You should encounter no difficulties in importing the airbag and steering wheel under our importation regulation, 49 CFR Part 591 as long as any components that are required to comply with S9 of Standard No. 208 are certified as meeting that standard.

I am enclosing an information sheet that outlines the various laws and regulations that we administer pertaining to motor vehicles and equipment with the thought that you might find it helpful.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure ref:208 d:4/10/95