ID: aiam5307

"Dear Mr. Haywood: This responds to your letter of December 21, 1993 requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows: Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases. You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration. 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. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. 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. If a vehicle is a 'motor vehicle' under the definition, then the vehicle must comply will all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, then the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority. Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site. NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified under our regulations. NHTSA defines a 'truck' as 'a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.' The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a 'truck' for the purpose of Federal regulations. NHTSA defines a 'trailer' as 'a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.' NHTSA believes the trailer portion of the response units would be considered trailers for the purpose of Federal regulations. NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for all 'occupant seats' in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, all 'occupant seats' in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subject to the requirements of Standard No. 207. Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trailer portion of the response units are not required to have any type of safety belt at any seating position. The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1, 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to be comply with Standard No. 209. Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer. Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that are appropriate to a safe design. 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";

ID: aiam4372

Dear Mr. Fujitani: This letter responds to your inquiries addressed to Joan Tilghman of m staff. Your letters concern buses purchased by the State of California, and manufactured by Champion Home Builders, Commercial Vehicle Division (Champion). You inform us that Champion is a final stage manufacturer of vehicles built on a Ford chassis. You have rejected delivery of these vehicles because you assert that they do not comply with either California or Federal motor vehicle regulations. This response addresses only those issues arising from Federal requirements.; As I understand your letters, you pose two principle questions. First you ask whether classifying an incomplete vehicle as a 'chassis' rather than as a 'chassis cab' means that a final stage manufacturer can not alter the original chassis manufacturer's gross vehicle weight rating (GVWR). You assert that Champion's altering of the GVWR on a vehicle classified as a 'chassis' is a noncompliance under 49 CFR sections 567.5 and 568.4 which you may use as grounds for rejecting delivery of Champion's vehicles.; Your second question involves data set out in your letter of April 14 suggesting that Champion's certified GVWR for these vehicles is less than the sum of the unloaded vehicle weight, the rated cargo load, and 150 lbs. times the vehicles' designated seating capacity. You state that this circumstance is a second noncompliance with Federal regulations upon which you have rejected delivery of Champion's buses.; >>>*The Cutaway Chassis/Chassis Cab Question*.<<< In both your letters, you refer to provisions of 49 CFR 567.5 an 568.4, and to a 1977 Federal Register document (42 FR 37814, 37816, July 25, 1977). You state your interpretation of these 49 CFR provisions as 'mean(ing) that final stage manufacturers (who build on RV cutaways) are not authorized to alter the (GVWR) imposed by incomplete vehicle manufacturers since final stage manufacturers do not have any basis for certifying a greater load carrying capaci(ty) without altering axle components to handle the extra load.' As I understand it, when you speak of an RV cutaway you mean a vehicle chassis with an incomplete occupant compartment, intended for completion as a recreational vehicle. For any incomplete vehicle (including a cutaway or chassis cab), Part 568 requires the incomplete vehicle manufacturer to provide a document that describes how to complete the vehicle without impairing the vehicle's compliance status. This document is *not* a certification.; If the incomplete vehicle is other than a chassis cab, the final stag manufacturer who builds on the incomplete vehicle must certify its compliance with all applicable Federal motor vehicle safety standards (FMVSS). On the other hand, the certification process is different if an incomplete vehicle meets the agency's definition of 'chassis cab.' The Federal Register document to which you refer amended 49 CFR Parts 567 and 568 to conform with a court decision holding that NHTSA could not require a final stage manufacturer to make the 'sole certification' of compliance for a vehicle built on a chassis cab. As a consequence of this decision, NHTSA established a dual certification scheme for such vehicles in which the chassis cab manufacturer makes one certification statement in each of three categories, and the final stage manufacturer makes corresponding statements depending on how the final stage manufacturer affects any applicable Federal motor vehicle safety standard (FMVSS).; Under this dual certification scheme, the original chassis ca manufacturer may provide instructions telling a final stage manufacturer how to complete a vehicle so that it conforms with applicable FMVSS. The final stage manufacturer has the choice of either conforming his work to the chassis cab manufacturer's instructions and shifting the burden under Part 567 of certifying compliance to the chassis cab manufacturer, or deviating from those instructions, and assuming the certification burden for himself. Further, the final stage manufacturer must certify compliance respecting any FMVSS for which the chassis cab manufacturer makes no representation.; While you are correct that in the 1977 Federal Register document th agency decided to exclude RV cutaways from the definition of 'chassis cab,' the only effect of this exclusion is that dual certification requirements do not apply to vehicles completed on an RV cutaway.; Therefore, the answer to your first question is that a final stag manufacturer may change the GVWR for any incomplete vehicle, irrespective of whether he builds the completed vehicle on an RV cutaway or a chassis cab. However, if the final stage manufacturer changes the GVWR for the vehicle, it must certify that the vehicle complies with all applicable FMVSS at this new GVWR. Compliance with Standards No. 105, *Hydraulic Brake Systems*, and No. 120, *Tire Selection and Rims for Vehicles Other Than Passenger Cars* might well be affected by an increase in the GVWR. The final stage manufacturer is required to exercise 'due care' when certifying that its vehicle complies with all safety standards at this increased GVWR. Our Office of Vehicle Safety Compliance has asked the final stage manufacturer of these vehicles to provide the data and other evidence that were the basis for Champion's certification of compliance at this higher GVWR.; >>>*Champion's Certified GVWR Calculation*.<<< Part 567 of NHTSA regulations sets out requirements for affixing certification label or tag to a motor vehicle. Section 567.4(g)(3) of that Part states that the certified GVWR:; >>>'...shall not be less than the sum of the unloaded vehicle weight rated cargo load, and 150 pounds times the vehicle's designated seating capacity. However, for school buses the minimum occupant weight allowance shall be 120.'<<<; In your April letter, you supply weightmaster readings for the tw Champion motor vehicles that are the subject of your inquiry. While Champion certifies the GVWR for both these vehicles at 12,000 pounds, you indicate that according to your S567.4(g)(3) calculation, the sums are 12,147 pounds and 12,580 pounds. This agency considers vehicle overloading a serious safety problem for the affected vehicle and for the motoring public, and NHTSA may take appropriate remedial action against any manufacturer whose vehicle, laden with its intended cargo load, exceeds the manufacturer's GVWR. NHTSA's Office Of Vehicle Safety Compliance is investigating this matter further.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam5149

"Dear Mr. Pope: This responds to your February 18, 1993 letter t Walter Myers of this office. You stated in your letter and in telephone conversations with Mr. Myers that your firm obtains used wheels from salvage yards, mostly passenger car wheels, refurbishes them by sandblasting and refinishing them, then sells them to manufacturers of utility trailers. You asked how to 'bring the wheels manufactured before 1977 up to standards' (referring to Federal Motor Vehicle Safety Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars), and whether it is possible to 'stamp the wheels previous to 1977 with a regulation code to approve their usability.' 'Wheels' refers to the wheel rim and the hub to which the rim is attached. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles (including trailers) and new items of motor vehicle equipment (including tires and wheels). The purpose of Standard 120 is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation. The standard applies to new trailers, and to rims manufactured on or after August 1, 1977. Violations of any of the standards are punishable by civil fines of up to $1,000 per violation, with a maximum fine of up to $800,000 for a related series of violations. You ask about our requirements for the rims of the wheels you refurbish. The answer depends on whether the rim is intended to be installed on a new trailer or intended as a replacement rim for a used trailer. If the rim is intended for a new trailer, the new trailer manufacturer must certify that the vehicle complies with Standard 120. Standard 120 establishes two requirements for the vehicle. First, S5.1.1 requires that the rims on a new trailer be listed by the manufacturer of the tires mounted on the trailer as suitable for use with those tires. Second, the rims on a new trailer must meet the rim marking requirements of S5.2 of Standard 120. Since the rims you refurbish were originally passenger car rims, they will not have the required markings, regardless of date of manufacture, because Standard 120 does not apply to passenger car rims. Therefore, trailer manufacturers may not install passenger car rims on new trailers unless those rims are marked in accordance with Standard 120. If the rim is intended as a replacement rim on a used trailer, different requirements apply. The rim marking requirements of S5.2 of Standard 120 apply only to new rims manufactured on or after August 1, 1977. Refurbished wheels sold for used trailers are considered used wheels instead of new wheels for purposes of Standard 120, and are thus not subject to the rim marking requirements of the standard. As pointed out above, however, a new or refurbished rim installed on a new trailer must meet the rim selection and marking requirements of Standard 120 (S5.1.1 and S5.2). Relatedly, you ask about marking a used rim with the information required by Standard 120 for new rims. Any rim, new or used, that is installed on a new vehicle must be marked with the 'regulation code' (i.e., the 'DOT' symbol constituting the manufacturer's certification of compliance with Standard 120) and the other information required by the standard. However, a rim manufactured prior to August 1, 1977, that is sold as a replacement rim must not be marked with the DOT symbol. NHTSA has long held that manufacturers may not show the DOT certification on items of motor vehicle equipment to which no Federal motor vehicle safety standard applies. The reason for that decision is that such a certification would be false and misleading to NHTSA and to consumers who might assume that the item was subject to and met a Federal safety standard. Thus, since Standard 120 does not apply to rims manufactured prior to August 1, 1977, such rims cannot now be marked with the DOT symbol. You should also be aware of two other provisions of the Safety Act. The first provision is 108(a)(2)(A), which provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a new or used motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. This means that a person in these categories cannot remove the label information required by Standard 120 during the refurbishing process. Second, under 151-157 of the Safety Act, manufacturers of motor vehicles and items of motor vehicle equipment (e.g., wheel rims) are responsible for safety- related defects in their products. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a defective wheel rim is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) A refurbished rim that had been previously damaged (e.g., cracked, bent, or pitted) might not be capable of performing safely while in service. For your further information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations and a fact sheet entitled Where to Obtain NHTSA's Safety Standards and Regulations. The pamphlet briefly summarizes each of our Federal motor vehicle safety standards and the fact sheet advises where to obtain the full text of those standards and our other regulations. You may also find helpful the attached fact sheet entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. We also note that the Occupational Safety and Health Administration (OSHA) has a regulation on the refurbishing of damaged rim components. You can contact OSHA at (202) 219-7202, ATTN: Mr. Richard Sauger, for information about that regulation. I hope this information is will be of assistance to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";

ID: aiam4678

"Dear Mr. Andrlik: This responds to your letter asking about Federa regulations that would apply to the 'Milford Cargo Barrier' that Milford Industries, an Australian company, manufactures. Your enclosure indicates that the barrier is a type of wire screen that is generally anchored to the sides and floor of a vehicle directly behind the front seat(s). The barrier is intended to protect occupants in a crash from impact with objects carried in the rear of cars, trucks and vans. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to the product you describe. Our standard for glazing materials (Standard No. 205) applies only to interior barriers or partitions that contain glazing, and not to wire screens. However, there are other Federal laws that indirectly affect the manufacture and sale of Milford's barriers. If the barrier were installed as original equipment on a new motor vehicle, the vehicle manufacturer would be required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. Installation of the barrier could affect a vehicle's compliance with various safety standards. For example, installation of the barrier could affect compliance with Standard No. 201, Occupant Protection in Interior Impact, which sets energy-absorption requirements for the back of the front seat, to protect occupants in the rear seat who may be thrown forward in a crash. The barrier could also affect compliance with Standard No. 208, Occupant Crash Protection, (safety belts and other restraint systems), and Standard No. 111, Rearview Mirrors (driver field of view). Copies of each of these standards are enclosed. If the barrier were added to a previously certified new motor vehicle (e.g., a completed van) prior to the vehicle's first sale, the person who modifies the vehicle may have certification responsibilities as an 'alterer' under 49 CFR /567.7. This would occur if the installation of the barrier constituted something other than a 'readily attachable' component (such as tires or rim assemblies). To determine whether installation of the barrier involves a readily attachable component, the agency considers factors such as the intricacy of installation, and the need for special expertise in installing the barrier. The advertising brochure you enclosed states: 'Expert installation available Australia wide.' It also indicates that the barriers are 'designed...to the individual dimensions' of the consumer's motor vehicle and are 'load rated' (which we understand to mean that the barrier and its attachment are capable of withstanding a rated load). These factors appear to indicate that a degree of special expertise and analysis are needed to install the barrier so that it will perform in the manner intended. In light of these considerations, the barrier appears to be something other than a readily attachable component under /567.7. (If Milford would like to send us information indicating otherwise, we would be happy to review it.) If the cargo barrier were installed in a new or used vehicle by a commercial business such as a motor vehicle dealer or repair shop, the installer would be subject to Safety Act considerations affecting the installation. Section l08(a)(2)(A) of the Act states: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....' Thus, the commercial installer would have to make sure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards (such as Standards 111, 201 and 208). Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108. In addition to the FMVSS considerations, manufacturers of motor vehicle equipment should also be aware that they are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed a copy of our regulation for defect responsibility of motor vehicle equipment manufacturers (49 CFR Part 579) for your information. Any manufacturer which fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation. In addition to the regulations described above, we also bring to your attention a procedural rule which applies to all manufacturers subject to the regulations of this agency. Subpart D of 49 CFR Part 55l, Procedural Rules, requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information: l. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made, 2. The full legal name, principal place of business and mailing address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States Corporation, and, 6. The full legal name and address of the designated agent. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. I hope this information is helpful. Please feel free to contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures";

ID: aiam4205

Dear Mr. Tsujishita: This responds to your letter requesting an interpretation of several o our standards. First, I would like to apologize for the delay in this response to your letter. I have set forth the responses in the order you asked the questions in your letter.; 1. Standard No. 105, *Hydraulic Brake Systems*. Paragraph S5.2.1 of this standard provides that the parking brak system on a passenger car and some school buses shall be capable of holding the vehicle stationary (*to the limit of traction on the braked wheels*) for 5 minutes in both a forward and reverse direction on a 30 percent grade. You stated that your understanding of this provision was as follows. During the tests to determine compliance with this provision, the axles of the subject vehicle must be locked by the parking brake. Your understanding is that the vehicle is permitted to slide down the 30 percent grade, and would be considered as complying with this provision of Standard No. 105 no matter how it slides as long as the vehicle's axles do not turn. This understanding is correct.; The parenthetical note in section S5.2.1 was included in the standar to address the situation where a particular 30 percent grade might have a low traction coefficient. In this situation, a vehicle might slide down the grade even though its parking brake system had held the vehicle axles locked for the required amount of time. NHTSA did not intend vehicle sliding because of a loss of traction by the tires to be considered a failure of the parking brake system. To make this intent clear, section S5.2.1 specifies that the parking brake system must hold the vehicle stationary only 'to the limit of traction on the braked wheels.' This language allows the standard not to specify the traction coefficient for the 30 percent grade. Since no particular traction coefficient is specified, compliance testing may be conducted on *any* 30 percent grade that satisfies the requirement of S6.9. That section requires that the parking brake test surface be clean, dry, smooth Portland cement concrete.; 2. Standard No. 110, *Tire Selection and Rims*. Paragraph S4.3 of this standard specifies that a placard containin certain safety performance indication shall be permanently affixed to 'the glove compartment door or an equally accessible location.' You asked if the door latch post, the inner surface of the glove compartment box, and the inward-facing surface of the driver's side door would be considered 'equally accessible locations.' Each of these locations could be equally accessible locations.; In several past interpretations, we have explained that locations fo the placard would be considered equally accessible if two conditions were met. These were:; >>>1. The alternative location must result in the placard bein positioned so that the vehicle operator can readily refer to it, and; 2. The alternative location must keep the placard relatively free fro exposure to substances that could destroy the placard or render it illegible.<<<; If you position the placard on any of your three alternative location so that the vehicle operator can easily refer to it and where the placard would be protected from substances that could destroy it, we would consider each of those alternative locations as 'equally accessible locations' for the purposes of Standard No. 110.; 3. Standard No. 302, *Flammability of Interior Materials*. Paragraph S4.1 of Standard No. 302 sets forth a listing of th components of vehicle occupant compartments that must be certified as complying with the flammability resistance requirements of paragraph S4.3. You listed nine components not specifically listed in paragraph S4.1 and asked whether those components were required to be certified as meeting the flammability resistance requirements. The answer to your question depends on whether the components are designed to absorb energy on contact by occupants in the event of a crash.; Paragraph S4.1 represents a complete listing of all components in ne vehicles that must comply with the flammability resistance requirements. Any component not identified in paragraph S4.1 is not subject to the flammability resistance requirements. The only item on that listing that might be applicable to the nine components about which you asked is 'any other interior materials, including padding and crash- deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.' Thus, you must determine which of the nine components you asked about are so designed. We would assume that knee bolsters are designed to absorb energy on contact by occupants in the event of a crash. These and any other of the nine components so designed must be certified as complying with the flammability requirements of Standard No. 302. Any of the nine components not designed to absorb energy are not required to comply with the flammability requirements.; 4. Part 575.101. *Consumer Information Regulations, Vehicle Stoppin Distance*.; You noted that S575.101 requires vehicle manufacturers to disseminat information about the minimum stopping distance for groups of passenger cars. Section 575.101(c) requires that each passenger car in the group to which the stopping distance information applies shall be capable of performing at least as well as the information indicates, *under the test conditions and procedures specified in S6 and S7 of Standard No. 105. This specification was added in an amendment published on January 6, 1976 (41 FR 1066). Before that amendment, S575.101 had specified separate test conditions and procedures for the stopping distance information. Those conditions specified that the vehicle's brakes were to be burnished and then the stopping distance was to be measured. In place of those conditions, S575.101(c) now specifies that the stopping distance information should express the *minimum* stopping distances that can be met or exceeded by each vehicle in the group to which the information applies, using the test conditions and procedures of Standard No. 105. Since stopping distances decrease after burnish, the post-burnish results represent the *minimum* stopping distances that can be met or exceeded by the vehicles. Therefore, the pre-burnish stopping distances need not be reflected in the stopping distance information manufacturers make available to consumers.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4297

Dear Mr. Liu: This responds to your letter concerning planned modifications to a use Class 8 truck/tractor. I regret the delay in this response. The answers to your questions are provided below.; It should be noted that the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that it complies with all applicable requirements. The following represents our opinion based on the facts provided in your letter.; >>>1. If we take a used Class 8 truck/tractor and modify it by addin an axle to increase the GVWR, do we have to make sure that the modified vehicle complies with the braking requirements of FMVSS 121/CFR 49?<<<; By way of background information, new motor vehicles and items of moto vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards set forth in 49 CFR Part 571. One such standard is Safety Standard No. 121, *Air Brake Systems*, which applies to trucks, buses and trailers equipped with air brake systems. Vehicle manufacturers are required to certify that their new vehicles satisfy the requirements of all applicable safety standards. Also, if a vehicle is modified prior to first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; A person who modifies a used vehicle is not required to attach certification label. However, manufacturers, distributors, dealers or motor vehicle repair businesses are prohibited by section 108(a)(2)(A) of the Vehicle Safety Act from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Thus, in adding an axle to a used truck/tractor to increase its GVWR, you must ensure that you do not knowingly render inoperative the compliance of the vehicle with Safety Standard No. 121. I have enclosed an interpretation letter of July 20, 1977, to the Truck Body and Equipment Association in which the agency discusses in more detail how section 108(a)(2)(A) applies to the installation of additional axles in a used vehicle.; >>>2. Do we have to revise the nameplate or install a new nameplat giving the new GVWR and axle ratings?<<<; Under 49 CFR Part 567, *Certification*, manufacturers of motor vehicle are required to affix a certification label to their vehicles. The label is required to specify, among other things, the gross vehicle weight ratings (GVWR) and the gross axle weight ratings for each axle. See S 567.4(g). In addition, Safety Standard No. 120, *Tires Selection and Rims for Motor Vehicles Other Than Passenger Cars*, requires that specifications concerning tire and rim selection be placed on either the certification label or a separate tire information label. See S S5.3.2.; As indicated above, persons who alter certified vehicles prior to firs sale are required to certify that their vehicles, as altered, conform to all applicable safety standards. Such alterers are required by Part 567 to leave the original certification label on the vehicle and add an additional label. See S 567.7. If the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label, the modified values must be specified. See 567.7(b).; Persons who modify used vehicles are not required to attach certification label. However, in adding an axle to a used truck/tractor to increase its GVWR, you must ensure that you do not knowingly render inoperative the compliance of the vehicle with Safety Standard No. 120. We encourage you to supplement the original certification label and/or tire information label by an additional label to reflect changes in gross vehicle weight rating, axle ratings, and tire and rim specifications, to avoid confusion on the part of vehicle users.; >>>3. Do we have to adopt a new VIN (vehicle identification number)?<<< The answer to this question is no. Safety Standard No. 115 Require that manufacturers of new motor vehicles provide vehicle identification numbers. The vehicle identification number is not affected by the subsequent modification of the vehicle.; >>>4. Do we have to tell a buyer that he is buying a modifie vehicle?<<<; NHTSA does not have any regulations requiring seller of used vehicle to inform buyers about axle modifications.; Our answers to your questions cover the Federal regulations and law administered by NHTSA. I have also enclosed a general information sheet which provides additional information concerning our regulations.; You should be aware that by adding an axle you are considered manufacturer under the Vehicle Safety Act and subject to its provisions concerning safety-related defects. Under the Act, manufacturers must notify purchasers of safety-related defects and remedy such defects without charge. Our engineering staff reviewed your plans and noted that without charge. Our engineering staff reviewed you plans and noted that in some instances that addition of an axle to a vehicle could constitute a safety-related defect, by making the vehicle unsafe for anticipated usage. You should carefully analyze this issue for the vehicle in question. Among other things, you should consider whether, as modified, the overall vehicle structure, including the truck's frame, will be able to adequately accommodate the load distribution resulting from the additional axle and/or the higher GVWR, throughout the truck's anticipate length of service.; You may wish to contact the Federal Highway Administration's Office o Motor Carrier Standard Concerning whether any of its regulations are relevant to your planned modifications. Also, with respect to Question 4, you may wish to contact the Federal Trade Commission concerning whether it has any applicable regulations. Finally, a local attorney can advise you concerning the state law implications of your plans.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4203

Dear Mr. Tsujishita: This responds to your letter requesting an interpretation of several o our standards. First, I would like to apologize for the delay in this response to your letter. I have set forth the responses in the order you asked the questions in your letter.; 1. Standard No. 105, *Hydraulic Brake Systems*. Paragraph S5.2.1 of this standard provides that the parking brak system on a passenger car and some school buses shall be capable of holding the vehicle stationary *(to the limit of traction on the braked wheels) for 5 minutes in both a forward and reverse direction on a 30 percent grade. You stated that your understanding of this provision was as follows. During the tests to determine compliance with this provision, the axles of the subject vehicle must be locked by the parking brake. Your understanding is that the vehicle is permitted to slide down the 30 percent grade, and would be considered as complying with this provision of Standard No. 105 no matter how it slides as long as the vehicle's axles do not turn. This understanding is correct.; The parenthetical note in section S5.2.1 was included in the standar to address the situation where a particular 30 percent grade might have a low traction coefficient. In this situation, a vehicle might slide down the grade even though its parking brake system had held the vehicle axles locked for the required amount of time. NHTSA did not intend vehicle sliding because of a loss of traction by the tires to be considered a failure of the parking brake system. To make this item clear, section S5.2.1 specifies that the parking brake system must hold the vehicle stationary only 'to the limit of traction on the braked wheels.' This language allows the standard not to specify the traction coefficient for the 30 percent grade. Since no particular traction coefficient is specified, compliance testing may be conducted on *any* 30 percent grade that satisfies the requirement of S6.9. That section requires that the parking brake test surface be clean, dry, smooth Portland cement concrete.; 2. Standard No. 110, *Tire Selection and Rims.* Paragraph S4.3 of this standard specifies that a placard containin certain safety performance indication shall be permanently affixed to 'the glove compartment door or an equally accessible location.' You asked if the door latch post, the inner surface of the glove compartment box, and the inward-facing surface of the driver's side door would be considered 'equally accessible locations.' Each of these locations could be equally accessible locations.; In several past interpretations, we have explained that locations fo the placard would be considered equally accessible if two conditions were met. These were:; >>>1. The alternative location must result in the placard bein positioned so that the vehicle operator can readily refer to it, and; 2. The alternative location must keep the placard relatively free fro exposure to substances that could destroy the placard or render it illegible.<<<; If you position the placard on any of your three alternative location so that the vehicle operator can readily refer to it and where the placard would be protected from substances that could destroy it, we would consider each of those alternative locations as 'equally accessible locations' for the purposes of Standard No. 110.; 3. Standard No. 302, *Flammability of Interior Materials*. Paragraph S4.1 of Standard No. 302 sets forth a listing of th components of vehicle occupant compartments that must be certified as complying with the flammability resistance requirements of paragraph S4.3. You listed nine components not specifically listed in paragraph S4.1 and asked whether those components were required to be certified as meeting the flammability resistance requirements. The answer to your question depend on whether the components are designed to absorb energy on contact by occupants in the event of a crash.; paragraph S4.1. represents a complete listing of all components in ne vehicles that must comply with the flammability resistance requirements. Any component not identified in paragraph S4.1 is not subject to the flammability resistance requirements. The only item on that listing that might be applicable to the nine components about which you asked is 'any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.' Thus, you must determine which of the nine components you asked about are so designed. We would assume that knee bolsters are designed to absorb energy on contact by occupants in the event of a crash. These and any other of the nine components so designed must be certified as complying with the flammability requirements of Standard No. 302. Any of the nine components not designed to absorb energy are to required to comply with the flammability requirements.; 4. Part 575.101, *Consumer Information Regulations, Vehicle Stoppin Distance.*; You noted that S575.101 requires vehicle manufacturers to disseminat information about the minimum stopping distance for groups of passenger cars. Section 575.101(c) requires that each passenger car in the group to which the stopping distance information applies shall be capable of performing at least as well as the information indicates, *under the test conditions and procedures specified in S6 an S7 of Standard No. 105* (emphases added). You noted that those sections of Standard No. 105 specify both pre-burnish and post-burnish tests, and that the braking performance varies considerable for the two tests. You asked whether the consumer information on stopping distance must reflect the pre-burnish stopping distance. It need not reflect pre-burnish stopping distance.; As you noted, S575.101(c) specifies that the stopping distanc information should be measured under the test conditions and procedures specified in sections S6 and S7 of Standard No. 105. This specification was added in an amendment published on January 6, 1976 (41 FR 1066). Before that amendment, S575.101 had specified separate test conditions and procedures for the stopping distance information. Those conditions specified that the vehicle's brakes were to be burnished and then the stopping distance was to be measured. In place of those conditions, S575.101(c) now specifies that the stopping distance information should express the *minimum* stopping distances that can be met or exceeded by each vehicle in the group to which the information applies, using the test conditions and procedures of Standard No. 105. Since stopping distances decrease after burnish, the post- burnish results represent the *minimum* stopping distances that can be met or exceeded by the vehicles. Therefore, the pre-burnish stopping distances need not be reflected in the stopping distance information manufacturers make available to consumers.; Sincerely, Erika Z. Jones, Chief Counsel

ID: 1985-02.47

TYPE: INTERPRETATION-NHTSA

DATE: 06/24/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. L. D. Pitts, Jr.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. L. D. Pitts, Jr P. O. Box 52592 Houston, Texas 77002

Thank you for your letter of March 12, 1985, asking about the effect of our regulations on a product you would like to manufacture. I hope the following discussion explains that effect.

You described your product, which you call a glare-shield, as a 1/8-inch thick sheet of "Lexan" plastic with a special scratch resistant coating. Your product is designed to be mounted inside a motor vehicle, as close to the windshield as possible, to reduce glare-related vision problems caused by the sun. You stated that your product would cover the entire windshield and is designed to be held in place by three or six latches. The latches can be released by the driver and the shield can be removed from the car.

Pursuant to the National Traffic and Motor Vehicle Safety Act, we have issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, (49 CFR 571.205) which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).

Any manufacturer, dealer or other person who installs tinting films or other sun screen devices, such as the one described in your letter, in new vehicles must certify that the vehicle as altered continues to comply with the requirements of the standard. Thus, for example, the light transmittance through the combination of the sun-screening material and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the other applicable requirements of the standard, such as the abrasion resistance requirements.

After a vehicle is sold to the consumer, owners may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, an owner may install any device regardless of whether the installation adversely affects light transmittance. The agency does, however, urge owners not to install equipment which would render inoperative the compliance of a vehicle with our standards. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens on their vehicles.

If a manufacturer, dealer, distributor or motor vehicle repair business installs the sun screen device for the owner of a used vehicle, then S108(a)(2)(A) of the Vehicle Safety Act may apply. That section provides that none of those persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Violation of the "render inoperative" provision can result in Federal civil penalties of up to $1,000 for each violation.

Sincerely,

Jeffrey R. Miller Chief Counsel

P. O. Box 52592 Houston Texas 77002 March 12, 1985

Mr. George Berndt, Chief Counsel Office of the Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D.C., 20590

Dear Mr. Berndt:

I am writing about a product that I would like to manufacture and market in the United States. Since the product is for use on vehicles being driven on public roads, I respectfully request your comments as to whether or not you think the product is in compliance with the laws as they are now written.

The product name is glare-shield. Its' purpose is to reduce motor vehicle accidents. It functions on the same principal as do sunglasses. except it has several advantages over sunglasses. Some people have vision defects for which prescription sunglasses cannot be made. Other people would prefer a glare-shield rather than sunglasses because of the fatigue caused by the physical discomfort of the sunglasses while being worn.

A glare--shield is made from a 1/8" thick sheet of "Lexan" plastic with a special scratch resistant coating. It is the same plastic manufactured by the General Electric Company and known as MR-50T4. Lexan MR-50T4 sheeting has been successfully tested for compliance with FMVSS-217 by bus manufacturers (A.M. General Corporation, General Motor Truck and Coach and Flxible/Rohr). MR-50T4 is approved by the American Association of Motor Vehicle Administrators. MR-50T4 meets or exceeds the requirements of items 4 and 5 of FMVSS-205.

A glare-shield can come in either one or two pieces, depending on the vehicle. A glare-shield is large enough in size to cover the entire area of the windshield of the vehicle it was designed to fit. A glare-shield is mounted on the inside of the vehicle as close to the windshield as possible. It is mounted in such a position that it does not interfere with the defroster device and can actually aid in its' operation, by directing more air toward the windshield. A glare-shield is not a permanent installation and can be removed for night driving in less than ten (10) seconds. Three or six stainless steel latches are used to hold the glare-shield in place. depending on whether it is a one or two piece unit. These latches are separately and permanently mounted to the vehicle using stainless steel rivets and rubber washers. Each latch has been designed to support the full weight of the glare-shield, should the other two latches not be functioning for some unknown reason. The latches cannot be accidentally opened by vibration, because they are mounted in rubber. Stainless steel sheet metal guards are attached to the edge of the glare-shield in the area where the latches make contact, in order to prevent damage to the coating on the Lexan. A vinyl molding is glued around the edge of the glareshield, to prevent the "Lexan" from coming in contact with any hard surface of the vehicle which could cause rattling from road vibration. The light transmission of various glare-shields will be equal to the various shades obtained from sunglasses found on the market today. The driver will decide which light transmission percentage is best for him, just as he now does when choosing sunglasses.

The main function of a glare-shield is to reduce the blinding glare from the sun at both sun-up and sun-down. The second important function is to reduce driver fatigue caused by reflections of shiny surfaces on a sunny day. An added benefit of using glare-shield is that windshields will no longer be tinted on their top part, or lightly tinted all over, which is a common practice today to reduce daytime glare. This tinting of windshields is bad, of course, because it reduces the driver's visibility at night. Another advantage of a glare-shield is that in the event of an accident, it will keep the driver's and passenger's heads from coming in contact with the windshield which usually results in facial lacerations. The glare-shield also helps in preventing a body being thrown through the windshield. The last advantage of a glare-shield, is that it acts as a protective shield against windshield glass fragments and foreign objects which strike and may penetrate the windshield.

Your immediate attention is requested on this project, as it appears to all those who have heard about glare-shields that they can reduce the number of accidents, and reduce bodily injuries and deaths, when accidents do occur.

Sincerely yours, L. D. Pitts, Jr. LDP/bjs

ID: nht87-2.27

TYPE: INTERPRETATION-NHTSA

DATE: 06/29/87

FROM: JONATHAN JACKSON -- COMMERCIAL TESTING CO

TO: DOUG COLE -- NATIONAL VAN CONVERSION ASSOCIATION, INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/01/88 FROM ERIKA Z JONES TO DOUG COLE; REDBOOK A32, STANDARD 302; LETTER DATED 06/22/87 FROM ROSE M TALISMAN TO DOUG COLE; LETTER DATED 06/08/87 FROM ROSE TALISMAN TO DOUG COLE; LETTER DATED 06/23/87 FROM DOUG COLE T O STEVE KRANTZICE

TEXT: Dear Sir:

When we receive a request for the MVSS 302 test, we use the methodology printed in the Federal Register, Vol. 36, No. 5 - January 8, 1971. It is entitled Motor Vehicle Safety Standard No. 302. The test apparatus is a commercially available Horizonta l Burning Cabinet which we purchased from Custom Scientific Instruments. The burner is fueled with natural gas.

Recently, we did a test for you on a fabric. You questioned the use or non-use of wire supports on this type sample. Paragraph S5.1.3 of the Standard states that a "...specimen that softens and bends at the flaming end so as to cause erratic burning ..." may be supported with wires. The fabric that we tested for you does not fall into that category. It is supported by the tension of the U-frame and does not distort when it burns. The use of wire supports on this type material may give mis-leading results as the wires act as a heat sink.

Our further interpretation of the Standard (paragraph S5.3 (a)), is that a material which is intended for use in a size less than can be supported by the U-frame, the use of wire supports is acceptable. Further reference is made of paragraph S5.2.1 w hich states that the "...maximum available length or width of a specimen is used where either dimension is less than 14 inches or 4 inches respectively."

Our interpretation of the Standard as noted above does not allow use of wire supports on this type material unless the fabric were intended for use in maximum widths of 4 inches.

If you have any questions, please call me.

ENCLOSURE

Sincerely,

FEDERAL REGISTER VOL 36 NO 5, JANUARY 8, 1971 [OMITTED]

MOTOR VEHICLE SAFETY STANDARD NO. 302 FLAMMABILITY OF INTERIOR MATERIALS

PASSENGER CARS, MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, AND BUSES

TEST METHOD

MATERIAL DEVELOPMENT & TESTING LABORATORY

FISHER BODY DIVISION

GENERAL MOTORS CORPORATION

FLAMMABILITY OF INTERIOR TRIM MATERIALS

I. GENERAL DESCRIPTION

THIS PROCEDURE IS USED TO DETERMINE THE BURNING RATES OF MATERIALS USED IN THE OCCUPANT COMPARTMENTS OF AUTOMOBILES.

II. EQUIPMENT AND/OR MATERIAL REQUIRED

A. THE TEST IS CONDUCTED IN A METAL CABINET TO PROTECT THE TEST SPECIMENS FROM DRAFTS. THE INTERIOR OF THE METAL CABINET IS 381 MM LONG, 203 MM DEEP AND 355 MM HIGH. IT HAS A GLASS OBSERVATION WINDOW IN THE FRONT AND A CLOSABLE OPENING TO PERMIT IN SERTION OF THE ALUMINUM[Illegible Word] SPECIMEN HOLDER. FOR VENTILATION, IT HAS A 13 MM CLEARANCE SPACE AROUND THE TOP OF THE CABINET, TEN 19 MM DIAMETER HOLES IN THE BASE OF THE CABINET AND LEGS TO ELEVATE THE BOTTOM OF THE CABINET BY 10 MM.

1. THE TEST SPECIMEN IS INSERTED BETWEEN TWO MATCHING U-SHAPED FRAMES OF ALUMINUM STOCK 25 MM WIDE AND 10 MM HIGH. THE INTERIOR DIMENSION OF THE U-SHAPED FRAMES ARE 51 MM WIDE BY 330 MM LONG. ALL SPECIMENS ARE KEPT HORIZONTAL WITH HEAT RESISTANT .2 5 MM CHROMEL WIRE SPANNING THE WIDTH OF THE U-SHAPED FRAME UNDER THE SPECIMEN AT 25 MM INTERVALS.

2. AN ALUMINUM STAND IS USED TO SUPPORT THE U-SHAPED FRAME WHICH LOCATES THE TEST SPECIMEN IN THE CENTER OF THE CABINET.

3. A BUNSEN BURNER WITH A TUBE OF 10 MM INSIDE DIAMETER IS USED. THE GAS ADJUSTING VALVE IS SET TO PROVIDE A FLAME WITH THE TUBE VERTICAL OF 38 MM IN HEIGHT. THE AIR INLET TO THE BURNER IS CLOSED.

NOTE: SEE FISHER DRAWING NO. EQ 199 FOR DETAILS REGARDING ALL ABOVE EQUIPMENT.

B. A CONTROLLED TEMPERATURE AND HUMIDITY CHAMBER OR EQUIVALENT.

C. CLICKER DIE 100 MM X 355 MM FOR CUTTING TEST SPECIMENS.

FLAMABILITY TEST VARIABLES THAT AFFECT THE BURN RATE WHEN PERFORMING FISHER BODY TM 32-12

1. ALWAYS CLEAN THE U-SHAPED FRAMES BEFORE STARTING EACH BURN TEST (RESIDUE OILS, CARBON, ETC., FORM ON THE U-SHAPED FRAME AFTER EACH TEST)

2. MAKE SURE THE .25 MM CHROMEL WIRES ARE PERFECTLY STRAIGHT (HORIZONTAL). SAGGING WIRES WOULD ALLOW CERTAIN TEST SPECIMENS TO SAG.

3. MAKE SURE THE DOOR ALWAYS FITS FLUSH TO THE TEST CABINET. (FROM TIME TO TIME, HEAT CAUSES THE DOOR NOT TO FIT SMUGLY CAUSING OR ALLOWING A DRAFT).

4. ALWAYS EXCHANGE THE AIR INSIDE THE TEST CABINET WITH FRESH AIR. (AFTER EACH TEST SMOKE WILL STAY INSIDE THE CABINET UNLESS BLOWN OUT). FISHER BODY USES AN AIR JET TO EXCHANGE AIR.

5. KEEP THE FLAMMABILITY TEST CABINET AS NEAR ROOM TEMPERATURE AS POSSIBLE BEFORE STARTING EACH TEST. (SPARE CABINET LIDS, SPARE U-SHAPED FRAMES COMPRESSED AIR ARE USEFUL OPTIONAL ITEMS).

6. LEAD FLAME (FLAME THAT FLASHES FORWARD OF THE MAIN BURNING AREA) USUALLY OCCURS ON VINYL COATED FABRICS AND MUST BE OBSERVED VERY CAREFULLY BY THE OPERATOR.

7. CORRELATION DIFFICULTY - IF PERFORMING DUPLICATE TESTS, ALWAYS CUT SPECIMENS IN THE SAME AREA CONSIDERING THICKNESS, WIDTH, RIBS IF PLASTIC PARTS, ETC.

8. FLAT BLACK INTERIOR CABINET FINISH - A SHINY INTERIOR TENDS TO RADIATE (REFLECT) HEAT INSIDE THE CABINET; ALSO, CAUSES A CLEANING PROBLEM AFTER EACH TEST.

9. VENTILATION HOLES - KEEP OPEN. BURNING MATERIALS AND BLOWN MATERIALS WILL COVER THESE HOLES AND WILL PREVENT AIR CIRCULATION WITHIN THE CABINET.

10. SPECIMEN IDENTIFICATION - BE CAREFUL WHEN MARKING SPECIMENS FOR IDENTIFICATION SINCE ENAMELS, INKS, ETC, COULD AFFECT YOUR TEST RESULTS.

THE SPECIMEN IS PRODUCED BY CUTTING THE MATERIAL IN THE DIRECTION THAT PROVIDED THE MOST ADVERSE TEST RESULTS. THE SPECIMEN IS ORIENTED SO THAT THE SURFACE CLOSEST TO THE OCCUPANT COMPARTMENT AIR SPACE FACES DOWNWARD ON THE FRAME.

MATERIAL WITH A NAPPED OR TUFTED SURFACE IS PLACED ON A FLAT SURFACE AND COMBED TWICE AGAINST THE NAP WITH A COMB HAVING SEVEN TO EIGHT SMOOTH ROUNDED TEETH PER 25 MM.

PRIOR TO TESTING, EACH SPECIMEN IS CONDITIONED FOR 24 HOURS AT A TEMPERATURE OF 21 DEGREES C + 1.5 DEGREES C AND A RELATIVE HUMIDITY OF -0.0

50% + 0.0. TO FACILITATE HANDLING, SEVERAL PIECES MAY BE TAKEN - 5%

FROM THE HUMIDITY CHAMBER AND PLACED IN A POLYETHYLENE BAG TO RETAIN MOISTURE UNTIL THEY ARE TO BE BURNED.

V. TEST PROCEDURE

A. MOUNT THE SPECIMEN SO THAT BOTH SIDES AND ONE END ARE HELD BY THE U-SHAPED FRAME AND ONE END IS EVEN WITH THE OPEN END OF THE FRAME. WHERE THE MAXIMUM AVAILABLE WIDTH OF A SPECIMEN CANNOT BE HELD IN THE U-SHAPED FRAME, PLACE THE SPECIMEN IN POSIT ION ON WIRE SUPPORTS AS DESCRIBED IN 11A.1., WITH ONE END HELD BY THE CLOSED END OF THE U-SHAPED FRAME. SPECIMENS SHORTER THAN 355 MM MAY BE POSITIONED ON THE WIRE SUPPORTS AND ALIGNED WITH THE OPEN END OF THE FRAME FOR IGNITION PURPOSES.

B. PLACE THE MOUNTED SPECIMEN IN A HORIZONTAL POSITION IN THE CENTER OF THE CABINET.

C. WITH THE FLAME ADJUSTED ACCORDING TO II A.3, POSITION THE BUNSEN BURNER AND SPECIMEN SO THAT THE CENTER OF THE BURNER TIP IS 19 MM BELOW THE CENTER OF THE BOTTOM EDGE OF THE OPEN END OF THE SPECIMEN.

D. EXPOSE THE SPECIMEN TO THE FLAME FOR 15 SECONDS.

E. BEGIN TIMING (WITHOUT REFERENCE TO THE PERIOD OF APPLICATION OF THE BURNER FLAME) WHEN THE FLAME FROM THE BURNING SPECIMEN REACHES A POINT 38 MM FROM THE OPEN END OF THE SPECIMEN.

F. MEASURE THE TIME THAT IT TAKES THE FLAME TO PROGRESS TO A POINT 38 MM FROM THE CLAMPED END OF THE SPECIMEN. IF THE FLAME DOES NOT REACH THE SPECIFIED END POINT, TIME ITS PROGRESS TO THE POINT WHERE FLAMING STOPS.

ID: nht87-2.50

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Lyon L. Brinsmade -- Porter and Clements

TITLE: FMVSS INTERPRETATION

TEXT:

Lyon L. Brinsmade, Esq. Porter & Clements 3500 Republicbank Center Houston, TX 77002

This responds for your request for information regarding Federal regulation of semi-trailer manufacturing. You asked about Federal standards applicable to "pneumatic aluminum tank type semi-trailers" which your client wishes to manufacture abroad and imp ort into the United States. You were particularly concerned about specifications for aspects of the vehicle which pneumatically load and discharge substances into and out of the tank unit.

I would like to take this opportunity to provide some background information concerning this agency's regulations. you are correct that the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for that manufacture and sa le of new motor vehicles, including semi-trailers. NHTSA is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles or motor vehicle equipment, nor do we endorse ant commercial produ cts. Instead, the Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that the products meet all applicable safety standards. This process requires each manufacturer to determine in th e exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Vehicle Safety Act is enclosed.)

We note that the term "manufacturer" is defined by section 102(5) of the Act to mean "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equip ment for resale." (Emphasis added.) Therefore your client, as a manufacturer of motor vehicles, is responsible for certifying compliance with all applicable motor vehicle safety standards. The procedure, specified in 49 CFR Part 567, requires also that the manufacturer provide safety information on the certification label, includ ing the vehicle's gross weight rating and gross axle weight rating.

At this time, the only safety standards applicable to all trailers are Safety Standard No. 108, Lamps, reflective devices, and associated equipment, Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, and Standard No. 115, Vehicle Identification Number - Basic Requirements. The content requirements for the vehicle identification number are found at Part 565. Your client's trailers also must meet Standard No. 106, Brake hoses, Standard No. 116, Motor Vehicle brake flui ds, and applicable requirements of Standard No. 121, Air brake systems. These standards are found in 49 CFR Part 571.

You were particularly concerned about Federal standards applicable to pneumatic tank of the semi-trailer. There are no Federal motor vehicle safety standards for pneumatic tank units. However, even in the absence of an applicable safety standard, the Vehicle Safety Act imposes general responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety defects. Manufacturers of motor vehicles and motor vehicle equipment are responsible generally for ensuring safety-related defects and can perform their intended function safely. If your client or the agency determines that a safety-related defect or noncompliance exists, your client is obligated under section 151 et seq. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation.

In addition to the regulations described above, your client should be aware of two procedural rules which apply to all manufacturers subject to the regulation of this agency. The first is 49 CFR Part ???, Manufacturer Identification. This rule requires y our client to submit its name, address, and a brief description of the items of equipment it manufacturers to this agency within 30 days after it imports its products in the Unite States.

The other rule is 49 CFR Part 551, Procedural Rules. Subpart D of this regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Ave., S. W., Washington D. C., 20590, and must include the following information:

1. A certification that the designation of agent in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer; 5. A declaration of acceptance duly signed by the agent appointed, which may an individual, a firm or a United States Corporation; and

6. The full legal name of the designated agent.

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

You asked whether your client's semi-trailers would be affected by regulations administered by other Federal agencies. If the semi-trailer will be used to transport a material designated by the Secretary of Transportation as a "hazardous material" (see 4 9 CFR Part 172), then the transportation of that material is regulated by the Office of Hazardous Materials Transportation of the Research and Special Projects Administration (RSPA). You can contact the director of that office, Mr. Alan Roberts, at 366-0 656 for more information on RSPA's regulations in addition, you might be interested in information about regulations for interstate motor carriers issued by the Federal Highway Administration. Mr. Tim Kozlowski of the Office of Motor Carrier Standards, F ederal Highway Administration, can provide you with more information. He may be reached at this address, Room 3403, or by telephone at (202) 366-1790.

I hope this information has been helpful.

Sincerely,

Erika Z. Jones Chief Counsel

National Highway Traffic Safety Administration Department of Transportation Room 5219 - 400 7th Street S. W. Washington, D.C. 20590

Attention: Chief Counsel's Office

Gentlemen:

This letter is written by way of following up a telephone conference between the writer and your Ms. Didre Hom and is to respectfully request the issuance by your office of a written interpretation concerning compliance with applicable government regulat ions of certain semi-trailers which one of our clients manufactures abroad and proposes to import to the United States for sale and use in this country. Such semi-trailers are described below.

Thus, the subject semi-trailers are of the pneumatic aluminum tank type (see enclosed photocopy) and are used for the transportation in bulk of substances such as cement, flour, lime, sugar, powdered milk, powdered fertilizer and, in general, other subst ances in dry powdered form, which may be loaded and discharged into and out of the tank unit, pneumatically at a pressure of up to 15 pounds per square inch. Detailed specifications of these semi-trailers are attached hereto.

If you should need any additional information, please specify the additional information in as much detail as possible for us to be able to compile the same.

Also, if the characteristics of the subject semi-trailers, as described herein and in the attached, fail to meet applicable requirements, please specify any such failures in as much detail as possible to enable our client to correct the same.

Additionally, we would appreciate your letting us know if there is any other federal agency apart from yours that would need to be consulted to make sure that the specifications of the subject semi-trailers are in compliance with all existing requirement s that may be applicable under federal law.

Yours very truly,

Lyon L. Brinsmade

SPECIFICATIONS OF PNEUMATIC ALUMINUM TANK TYPE SEMI-TRAILERS MANUFACTURED ABROAD AND PROPOSED TO BE IMPORTED FOR SALE IN THE UNITED STATES

(Omitted)