ID: 571.213--Weber--8 25 1998

ID: nht92-3.9

DATE: October 23, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: A. Mary Schiavo -- Inspector General for the Department of Transportation

COPYEE: Gerard Tucker -- Special Agent, DOT Office of Inspector General

TITLE: None

TEXT:

Special Agent Gerard H. Tucker, Jr. of your staff asked me to provide you with some information about the National Highway Traffic Safety Administration's regulations dealing with certification and vehicles manufactured in two or more stages. This information should prove helpful in connection with an investigation of Bus Industries of America by your office in which Mr. Tucker has been involved.

Mr. Tucker presented the following facts. A Canadian company (Ontario Bus Industries, Inc.) manufactured some buses at its plant in Canada. It certified these buses as conforming with all U.S. vehicle safety standards and affixed a label to that effect, in accordance with 49 CFR Part 567, Certification. These buses were then imported into the United States bearing the certification label that had been affixed by the Canadian manufacturer. After the vehicles were imported into the United States, the U.S. company that had imported the buses (Bus Industries of America) removed the Canadian manufacturer's certification label and affixed a new certification label that identified the U.S. company as the manufacturer of these buses. With respect to the information other than the name of the manufacturer, the certification label substituted by the importer was identical to the certification label affixed by the Canadian manufacturer.

Mr. Tucker asked us to explain this agency's certification regulations as they apply to vehicles manufactured in two or more stages, and to comment on the assertion that the certification label placed on the buses by the Canadian manufacturer did not meet this agency's certification requirements. I am pleased to have this opportunity to do so.

The National Traffic and Motor Vehicle Safety Act of 1966 includes the following provision at 15 U.S.C. 1403:

Every manufacturer or distributor of a motor vehicle or motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such vehicle or equipment by such manufacturer or distributor the certification that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. ** In the case of a motor vehicle such certification shall be in the form of a label or tag permanently affixed to such motor vehicle.

NHTSA has issued a regulation (49 CFR Part 567) specifying the content and location of, and other requirements for, the vehicle certification label or tag required by this statutory provision. That regulation is relatively straightforward with respect to vehicles produced by a single manufacturer. The manufacturer must permanently affix a label containing specified

information, including the name of the manufacturer, the date of manufacture, the vehicle identification number, and a certification that the vehicle conforms to all applicable Federal motor vehicle safety standards, in a specified location on the vehicle.

The certification regulation becomes more complex in the case of vehicles manufactured in two or more stages and certified vehicles that are altered before they have been sold to the public for the first time. In those situations, there is more than one manufacturer's input needed for the certification of the finished vehicle. Accordingly, NHTSA has included special provisions in Part 567 specifying the certification requirements for these vehicles and adopted a separate regulation at 49 CFR Part 568, Vehicles Manufactured in Two or More Stages, specifying the responsibilities of the various manufacturers in ensuring conformity of the completed vehicle with all applicable Federal motor vehicle safety standards.

With respect to the Canadian buses described by Mr. Tucker, those vehicles appear to fall into the category of vehicles produced by a single manufacturer. The relevant certification requirements for such vehicles are set forth at 49 CFR S567.4. It appears that the Canadian company in this case followed those requirements and affixed a label in accordance with S567.4.

Mr. Tucker indicated that Bus Industries of America had argued that it was required to affix its own certification label for two different reasons. First, for some of these buses, Bus Industries of America had produced various component subassemblies (e.g., frame, drivetrain, etc.) and shipped those component subassemblies to Canada to be used in manufacturing these buses. Because of this, Bus Industries of America argued that it had to certify the vehicles in its capacity as the manufacturer of the incomplete vehicle.

It is true that 49 CFR Parts 567 and 568 impose responsibilities on incomplete vehicle manufacturers, and even allow incomplete vehicle manufacturers to assume legal responsibility for the completed vehicle. See S567.5(e) and S568.7(a). However, a party that ships various component subassemblies to another party would not be an incomplete vehicle manufacturer for purposes of NHTSA's certification regulations. The following definitions appear in S568.3:

Incomplete vehicle manufacturer means a person who manufactures an incomplete vehicle by assembling components none of which, taken separately, constitute an incomplete vehicle.

Incomplete vehicle means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

Reading these definitions, it is apparent that a party could not be considered an incomplete vehicle manufacturer if that party simply produced

certain component subsystems and shipped those subsystems off to another party to assemble into a motor vehicle. Based on the facts Mr. Tucker provided this office, the claim that Bus Industries of America should be considered an incomplete vehicle manufacturer of these buses has no merit.

Second, Mr. Tucker indicated that Bus Industries of America argued that it had to certify some of these buses because that company had performed minor finishing operations on some buses after it received them from Canada. It may be that Bus Industries of America is suggesting that it should be considered to be a final stage manufacturer of these vehicles, and therefore was responsible for certifying these vehicles per 49 CFR 567 and 568. Alternatively, Bus Industries of America may have been suggesting that it should be considered an alterer of these vehicles, and therefore required to certify them. Neither one of these arguments is supported by the facts.

A final stage manufacturer is defined at 49 CFR S568.3 as "a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle." The relevant question then is whether these buses were incomplete vehicles. As specified in the definition of "incomplete vehicle" quoted above, a vehicle that needs only minor finishing operations is not considered an incomplete vehicle. Instead, only those vehicles that need some further manufacturing operations to perform their intended function are considered incomplete vehicles. Since the buses in question had been certified by the Canadian manufacturer as completed vehicles and driven over the public roads from the Canadian plant to the U.S., there is no indication that the buses needed some further manufacturing operations to perform their intended function. Hence, Bus Industries of America was not a final stage manufacturer of those vehicles.

To the extent that Bus Industries of America wishes to be considered an alterer of a previously certified vehicle, 49 CFR S567.6 expressly sets forth requirements for persons that alter vehicles by performing minor finishing operations. That section provides: "A person ... who alters such a vehicle only by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, in such a manner that the vehicle's stated weight ratings are still valid, need not affix a label to the vehicle, but shall allow a manufacturer's label that conforms to the requirements of this part to remain affixed to the vehicle." The sample of the Canadian manufacturer's certification label that Mr. Tucker provided this office conforms to the requirements of Part 567. Hence, even if one accepts the argument by Bus Industries of America that it performed minor finishing operations on previously certified vehicles, it would have still been subject to an express regulatory duty to leave the Canadian manufacturer's certification label in place.

The final point I understand Bus Industries of America to be raising was that only a U.S. manufacturer could certify that a vehicle met the U.S. safety standards. This point is incorrect. A vehicle to be imported into the U.S. must be certified as conforming with all U.S. safety standards before it enters the United States. Such a certification is routinely made by manufacturers headquartered outside of the United States. There is no regulation or law administered by this agency that requires the certification to be made only by a U.S. company.

I hope this information is useful. If you have any further questions or need some additional information on this subject, please let me know.

Attachment

BUS INDUSTRIES OF AMERICA INC.

PRESENTED TO: NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

PRESENTED BY: OFFICE OF INSPECTOR GENERAL Gerard H. Tucker, Jr. Special Agent (215) 337-2725

SUMMARY

Background and history of Bus Industries of America, Inc. (BIA)

Allegations:

Title 18, United States Code, Section 1001 BIA provided a false statement to the government by certifying that they would meet the Buy America pro- vision of Section 165(b)(3) of the Surface Transportation and Uniform Relocation Assistance Act of 1982

Title 18, United States Code, Section 542 BIA attempted to introduce imported merchandise into the commerce of the U.S. by means of a false or fraudulent statement

Title 19, United States Code, Section 1304 tampering with, or removal of Manufacturers Label of Origin

Chronology of events leading to allegations

Defense Counsel (ECKERT SEAMANS CHERIN & MELLOTT) assertions

Assistant United States Attorney's request for clarification from NHTSA

ATTACHMENTS

1. Title 18 U.S.C. 542 2. Excerpts from defense counsel brief 3. Excerpt from interview of Keith Sheardown 4. Ontario Bus Industries Label of Origin 5. Bus Industries of America Label of Origin 6. 49 C.F.R. 567, 568 7. Title 15 U.S.C. 1403

(Remainder of text is omitted.)

ID: 8259-4

Mr. Michael Love
Manager, Compliance
Porsche Cars North America, Inc.
100 West Liberty Street
Reno, Nevada 89501

Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position, identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

John Womack Acting Chief Counsel

ref:101#102 d:5/17/94

ID: nht94-5.25

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

2

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

3

identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

4

positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

5

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

ID: aiam2843

Dear Mr. Iinuma: This responds to your May 25, 1978, question concerning the strengt requirements of Safety Standard No. 210, *Seat Belt Assembly Anchorages*, as they would be applicable to the anchorage on a single diagonal passive belt system. You ask how many pounds of force should be applied to such a belt system for the anchorage strength test.; The anchorage for a single diagonal passive seat belt should be teste with a 3,000 pound force for purposes of the Standard 210 requirements, the same force required for the upper torso portion of a Type 2 seat belt. Most vehicles with single diagonal passive belt will have knee bolsters or some other method to restrain the legs in a crash, so the anchorage will not experience as much stress as would be placed on a lap belt without knee bolsters. Therefore, 3,000 pound test should ensure that the anchorage for a diagonal passive belt can withstand typical crash forces.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam1590

Dear Mr. Heath: Your letter of July 16, 1974, to Mr. Francis Armstrong of the Office o Standards Enforcement has been referred to the Office of Crash Avoidance for reply.; The responses to your 9 questions are as follows:>>> Question 1) When a sidecar is attached to a motorcycle, what referenc point constitutes the vehicle centerline for the mounting location requirements for headlamps in Standard No. 108?; Answer The vertical centerline of the motorcycle alone (not of th combination) is applicable.; Question 2) If the sidecar interferes with the visibility of the sid reflex reflectors on the motorcycle, are additional side reflectors required to be installed on the sidecar under Standard No. 108?; Answer In order to meet the visibility requirements in paragrap S4.3.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, an auxiliary reflector(s) is required.; Question 3) When a sidecar is attached to a motorcycle, is the sideca required to be equipped with a right front and rear turn signal and a stop and taillamp under Standard No. 108?; Answer Federal Motor Vehicle Safety Standard No. 108 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states. However, if the sidecar interferes with the visibility of these devices, paragraph S4.3.1.1 of Standard No. 108 is applicable.; Question 4) With the sidecar attached, is the wheel on the sideca required to have brakes under Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 5) If the wheel on the sidecar is required to have brakes should it be included as a part of the split service brake system in Standard No. 122 or should it be considered a part of an independent system?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 6) With the sidecar attached, is a parking brake required a specified for three-wheeled motorcycles in Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 7) Is Standard No. 119 applicable to the tire and rim of sidecar?; Answer Federal Motor Vehicle Safety Standard No. 119 is applicable t the tire, and FMVSS No. 120, when issued, will be applicable to the rim and installation on the vehicle.; Question 8) Is non-flexible glazing material permitted on the sideca under Standard No. 205?; Answer Yes. Paragraph S5.1.2.1 of FMVSS No. 205 allows the use o 'Rigid Plastics' in motorcycle windscreens at levels not requisite for driving visibility.; Question 9) Is glazing material designated as AS-7 or AS-13 permitte in glazed areas of a sidecar under Standard No. 205?; Answer Both AS-7 and AS-13 are permitted.<<< If safety data does become available which indicates that a potentia safety problem exists, Federal standards will be amended to include those areas not now covered.; We trust that the above will be helpful in your states enforcemen program. If we can be of further service please let us know.; Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs;

ID: aiam0494

Dear Dr. Lundholm: Thank you for your letter of November 2, 1971, to Secretary Volpe, i reference to our occupant crash protection program.; I am enclosing a copy of the proposed amendment to Federal Moto Vehicle Safety Standard No. 208, Occupant Crash Protection, which would allow an ignition interlock system as an option to front seat passive systems from August 15, 1973, to August 15, 1975. I am also enclosing an explanatory press release.; In regard to your question number one, we require that the interloc system be sequentially linked to the seat switch, such that a person would have to fasten the belt, after being seated, each time he attempted to start the car.; With regard to your questions numbers two and three, the Nationa Traffic and Motor Vehicle Safety Act of 1966 permits us to establish standards which serve as guides for individual state safety programs. It is possible for the states to undertake such anti-tampering regulations. We will certainly be considering such actions once we determine the magnitude and effect of tampering in vehicles which have been produced to meet the Federal standards.; In regard to your question number four, I am not presently aware of an plans by insurance companies to require seat/shoulder belt usage in order to be reimbursed for collision coverage in case of an accident.; You are certainly correct in that the present shoulder belt design often make it difficult to have a properly adjusted shoulder belt and still be able to have a reasonable degree of freedom of movement during normal vehicle operation. We are attacking this problem on two fronts. Federal Motor Vehicle Safety Standard No. 101, Control Location, Identification and Illumination--Passenger Cars, requires that most critical controls, such as the steering wheel, headlamp switch, etc., be within reach by a person restrained by a lap and shoulder belt system. The present version of this standard does not include the parking brake or its release mechanism. The second action, which we are taking, is to propose a requirement that shoulder belt systems in cars manufactured after August 15, 1973, shall be equipped with inertia reel retractors that allow freedom of movement except in a crash situation.; I appreciate your thoughtful comments and your intense interest in ou motor vehicle safety programs. It is very helpful to our efforts to improve highway safety when concerned citizens, such as yourself, take the time to bring their comments and suggestions to our attention.; Sincerely, Robert L. Carter, Acting Associate Administrator, Moto Vehicle Programs;

ID: aiam3886

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab.' You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3887

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab.' You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et* *seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3888

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab'. You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to our product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel