ID: nht94-1.63

TYPE: INTERPRETATION-NHTSA

DATE: February 18, 1994

FROM: Gilbert Gallahar -- Kings Environmental Hydrogen Systems

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/18/94 From Jonhn Womack To Gilbert Gallahar (A42; Std. 301)

TEXT: Ref. Request for interpretations on requirements for an on board Hydrogen Generator to be used on an internal combustion engine (stationary and mobile) to help control exhaust emissions.

Dear Mr. Womack,

Our company manufactures a hydrogen generator, that is installed on any gasoline or diesel vehicle (except engines with 2 spark plugs per cylinder and 2 cycle diesel engines), to help cut HC, CO and NOx.

This device takes water, and on demand, by electrolysis, manufactures hydrogen and oxygen. The gases (the higher form of water or the molecular form of water), are then pumped immediately to the normal (OEM) intake air stream of an internal combustion e ngine. The air stream gets this mixture, mixes it with the air, and sends it to the combustion chambers where it mixes with the primary fuel (diesel or gasoline), and ignited.

To insure that the hydrogen tank is never under pressure, the generator is designed to be operated without positive pressure. The vacuum pump is designed to pick up all gases generated and send it directly to the OEM intake air system. There is at leas t 3 systems in place, which independent of the other 2 systems, act to relieve the pressure in the producing tank. When the system is turned off, even without the pump working, in less than 15 minutes, all the pressure within the tank has been equalized to that of the outside atmospheric pressure.

The connection to drive the generator comes through a 15 amp. fused electrical line from the battery, through a relay, that is connected to the ignition. The device is connected such that the only time it is on is when the ignition is on.

Hydrogen is a non toxic gas, that is extremely buoyant. This buoyancy prevents any pockets of gas forming outside of its dictated path. If any hydrogen should escape, the buoyancy would cause the gas to find any way out, to the surrounding atmosphere.

The electrolyte is food grade, and is in, less of a concentration,

2

than a weak lemonade. NEPA Rating: Health - 0, Flammability - 0, Reactivity - 0. RCRA Hazard Class, Dilute solution (if discarded) non-hazardous. DOT hazard class, corrosive material.

From a safety point of view, the hydrogen generator is a much safer device than the battery. We are a tank of water as opposed to a tank of acid. We both make hydrogen but our hydrogen is vented out as soon as it is made. The hydrogen generator is pro tected to a maximum current draw of 15 amps. The hydrogen generator is designed to work under a slight negative pressure (supplied by the pump) and within minutes, of the engine being turned off, there is no hydrogen pressure left in the system. If the water should run out, there is no longer any current path, therefore no current flow. The vehicle then operates as if the device did not exist.

Enclosed is a set of installation instructions. The installation of the hydrogen generator in no way interferes with any OEM device of the vehicle to be installed.

Please, let me know as soon as is possible, your interpretation of NHTSA statutes, regulations or standards for our device.

Sincerely Yours,

ID: nht94-8.8

DATE: February 18, 1994

FROM: Gilbert Gallahar -- Kings Environmental Hydrogen Systems

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/18/94 From Jonhn Womack To Gilbert Gallahar (A42; Std. 301)

TEXT: Ref. Request for interpretations on requirements for an on board Hydrogen Generator to be used on an internal combustion engine (stationary and mobile) to help control exhaust emissions.

Dear Mr. Womack,

Our company manufactures a hydrogen generator, that is installed on any gasoline or diesel vehicle (except engines with 2 spark plugs per cylinder and 2 cycle diesel engines), to help cut HC, CO and NOx.

This device takes water, and on demand, by electrolysis, manufactures hydrogen and oxygen. The gases (the higher form of water or the molecular form of water), are then pumped immediately to the normal (OEM) intake air stream of an internal combustion engine. The air stream gets this mixture, mixes it with the air, and sends it to the combustion chambers where it mixes with the primary fuel (diesel or gasoline), and ignited.

To insure that the hydrogen tank is never under pressure, the generator is designed to be operated without positive pressure. The vacuum pump is designed to pick up all gases generated and send it directly to the OEM intake air system. There is at least 3 systems in place, which independent of the other 2 systems, act to relieve the pressure in the producing tank. When the system is turned off, even without the pump working, in less than 15 minutes, all the pressure within the tank has been equalized to that of the outside atmospheric pressure.

The connection to drive the generator comes through a 15 amp. fused electrical line from the battery, through a relay, that is connected to the ignition. The device is connected such that the only time it is on is when the ignition is on.

Hydrogen is a non toxic gas, that is extremely buoyant. This buoyancy prevents any pockets of gas forming outside of its dictated path. If any hydrogen should escape, the buoyancy would cause the gas to find any way out, to the surrounding atmosphere.

The electrolyte is food grade, and is in, less of a concentration,

2

than a weak lemonade. NEPA Rating: Health - 0, Flammability - 0, Reactivity - 0. RCRA Hazard Class, Dilute solution (if discarded) non-hazardous. DOT hazard class, corrosive material.

From a safety point of view, the hydrogen generator is a much safer device than the battery. We are a tank of water as opposed to a tank of acid. We both make hydrogen but our hydrogen is vented out as soon as it is made. The hydrogen generator is protected to a maximum current draw of 15 amps. The hydrogen generator is designed to work under a slight negative pressure (supplied by the pump) and within minutes, of the engine being turned off, there is no hydrogen pressure left in the system. If the water should run out, there is no longer any current path, therefore no current flow. The vehicle then operates as if the device did not exist.

Enclosed is a set of installation instructions. The installation of the hydrogen generator in no way interferes with any OEM device of the vehicle to be installed.

Please, let me know as soon as is possible, your interpretation of NHTSA statutes, regulations or standards for our device.

Sincerely Yours,

ID: nht74-1.34

DATE: 01/10/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Trailmobile Technical Center

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letters of October 25, and December 14, 1973. I regret that your earlier letter did not arrive.

You stated that your customer wishes to mount rear identification lamps at the same height from the ground as the rear turn signal, stop, tail and clearance lamps, and that, because of the shallowness of the rear header area it is not "practicable" to mount them there.

Although it may not be "practicable" to mount the Grote #272 lamp, specified by your customer, in the header area, there may be other conforming lamps that it would be "practicable" to mount in that location in a three-lamp identification array. If such lamps are available, then Standard No. 108 takes priority over contractual specifications, especially since the clearance lamps will be mounted at a point other than "as close as practicable to the top of the vehicle".

Yours truly,

ATTACH.

TRAILMOBILE TECHNICAL CENTER

December 14, 1973

Lawrence Schneider, Chief Counsel -- Dept. of Transportation

Dear Mr. Schneider:

Please find enclosed a copy of a letter dated October 25, 1973 in which I requested a ruling on the lowering of the identification lamps on the rear of a trailer under certain conditions of shallow header depth.

Today I talked with Mr. T. Vinson of your office and was advised that the letter must have been lost as he had not seen the request and further advised that I resubmit a copy of the original request.

Sincerely,

Evan Hammond -- Manager - Central Engineering

Encl.

cc: R. J. Deller; J. E. Cook; E. E. Lungren - Chicago

October 25, 1975

Lawrence Schneider, Chief Counsel -- Department of Transportation Dear Mr. Schneider:

Please find enclosed a sketch of a trailer rear end lighting arrangement, on which we are requesting a ruling with respect to conformance to M.V.S.S. no. 108.

In this particular case the customer is specifying a higher than normal rear door opening to facilitate easier loading and unloading of palatized cargo. Accomplishment of this end necessitates that the rear frame header be 2-5/8" deep. At the same time, the customer is specifying a Grote #272 lamp for the rear identification lamp function. It is not possible to mount these lamps on the shallow header in any "practicable" manner to (Illegible Word) the overall height of the trailer. We respectfully request that we may be allowed to mount the lamps to a lower level (same level as the turn signal, stop, tail and rear clearance lamps), this being "as close as practicable to the top of the vehicle" in this case.

We believe that the proposed installation is not in conflict with the intent of the safety standard as it will provide an easier and more reliable installation with simpler maintenance and at the same time, the rear lamp configuration is identical to thousands of platform trailers and container chassis safety in operation today on our highways.

A prompt reply to this request will be greatly appreciated.

Sincerely,

Evan Hammond -- Manager - Central Engineering

Encl. to all

cc: R. J. Deller; J. E. Cook; E. E. Lungren - Chicago

(Graphics omitted)

PROPOSED TRAILER REAR END LAMP CONFIGURATION WITH "SHALLOW HEADER" REAR FRAME

ID: 77-4.18

TYPE: INTERPRETATION-NHTSA

DATE: 10/17/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Crane Carrier Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Crane Carrier Corporation's June 8, 1977, question whether the maximum time limits specified by S5.1.1 of Standard No. 121, Air Brake Systems, for build-up of brake system air pressure from 85 to 100 psi includes the time taken to build up air pressure in an accessory reservoir (for an air starter) that is replenished only when the truck is started.

The answer to your question is no. Section S5.1.1 is a performance requirement that assures that repeated use of the brakes during vehicle operation will not deplete the available air supply because of insufficient air compressor capacity. The purpose of this requirement only indirectly relates to the initial air pressure build-up that occurs when the vehicle is first started.

The agency's existing laboratory procedure for compliance testing provides for fully charging the air brake system (and any accessory reservoirs which charge automatically in the process) before the test is begun. The engine is shut off while brake system air pressure is reduced to a level that permits a subsequent build-up for measurement purposes. In order to properly test vehicles with air starters, the agency is modifying its procedure to keep the engine running throughout the test, so that the air starter reservoir remains fully charged throughout the measurement period.

SINCERELY,

HEAVY DUTY TRUCK MANUFACTURERS ASSOCIATION

June 20, 1977 Frank Berndt Office of the Chief Counsel National Highway Traffic Safety Administration

Pursuant to our telephone conversation last Friday, I am pleased to enclose the inquiry we discussed. You suggested that interpretive rulings should be in writing, and I am pleased to respond.

F. MURRAY CALLAHAN General Counsel

CRANE CARRIER COMPANY

June 8, 1977

Heavy Duty Truck Manufacturers Assoc.

Attention: F. Murray Callahan, General Counsel Subject: Compliance with Section S5.1.1 of MVSS 121, when vehicles are equipped with air starters.

We are seeking an interpretation of Section S5.1.1 due to the following condition occurring on vehicles equipped with air starters. These vehicles require a separate large volume (17,787 C.I.) starter reservoir isolated from the trucks air brake system by means of a pressure protection and check valve which maintains a minimum of 75 psi air pressure in the service brake system. However, after initial start up of truck, which could use up to approximately 50% of starter reservoir capacity, and the truck brake system is built up to 75 psi, the protection valve between the two systems opens, and at this point the total system capacity is equal to the brake reservoir volume plus that of the air start reservoir. When this occurs, it is impossible for us to comply with the time limit specified in Section S5.1.1 due to the extremely large combined volume of the two systems.

What we seek interpretation of is if the standard will allow: (1) air start reservoir to be completely refilled as soon as engine is started, (2) draining of air in the service brake reservoirs and then, (3) replenishing the air in the brake reservoir in the time limit specified. This seems to us to satisfy the standard since the standard is only trying to insure of a large enough air compressor to replenish the service brake reservoirs and once the air start system is filled it will have no effect on the brake system operation.

If you have any questions concerning this matter, please contact me.

Ray Sizemore Engineer

cc: KEN LAWRENCE

ID: nht81-2.45

DATE: 07/07/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: British Standards Institution

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of March 12, 1981, concerning the strength requirements specified in Safety Standard No. 209, Seat Belt Assemblies, for a dual buckle (i.e., a two buckle unit) anchored in a vehicle by one common anchorage attachment.

As explained below, I disagree with your judgment that the standard does not deal adequately with the dual buckle design. Your proposal to test the dual buckle with 5,000 pounds of force is also incorrect; the correct force is 6,000 pounds.

Section 3 of the standard defines "hardware" as "a metal or rigid plastic part of a seat belt assembly." That section further defines "attachment hardware" as "any or all hardware designed for securing the webbing of a seat belt assembly to a motor vehicle." As described in your letter and shown in its attached photograph, the dual buckle has a common metal anchorage attachment. Since the purpose of that metal part is to secure the webbing to the vehicle, it is considered attachment hardware.

Section 4.3 (c)(2) specifies that "attachment hardware designed to receive the ends of two seat belt assemblies shall withstand a tensile force of at least 6,000 pounds or 2.720 kilograms without fracture . . . ." Since the common anchorage attachment is designed to receive the force created by the ends of two seat belt assemblies, it must meet the requirements of S4.3(c)(2).

You are correct that the attachment bolt is required to withstand a force of at least 9,000 pounds or 4,080 kilograms under paragraph S4.3(c)(1) of the standard.

Sincerely,

MARCH 12, 1981

F. BERNDT, CHIEF COUNSEL -- U.S. Department of Transportation, NHTSA

Dear Sirs,

FMVSS 209

We have been asked to test for FMVSS approval a Dual Buckle anchored in the vehicle by one bolt, the Dual Buckle having common anchorage attachment.

The standard does not cope fully with this design and I suggest that it is tested in the following manner. The Dual Buckle should be tested statically at 5000 lbs and survive this test. This test would be in addition to the loop load test. The anchorage bolt would be tested to 9000 lbs. I have chosen 5000 lbs as a test limit for the following reason. The loop load test is done at 5000 lbs, the attachments being subjected to a load of 2500 lbs during this test. To prove the dual buckle we need to test it statically at twice this load of 2,500 lbs i.e. 5,000 lbs.

I would appreciate your comments on my proposal.

I have also written this letter to Mr A Cardarelli of AAMVA.

Yours faithfully

J E BINGHAM -- MOTOR VEHICLE SAFETY COMPONENTS SECTION, BRITISH STANDARDS INSTITUTION

(Photo Omitted)

ID: 8408

Mr. A.F. Zang, III
P.O. Box 817
Mill Valley, CA 94942

Dear Mr. Zang:

This responds to your letter asking about government rules applicable to your product, which you describe as an aftermarket child's car seat cover made out of a plastic- coated fabric. In particular, you were concerned about flammability restrictions that would be applicable to your product. I am pleased to have this opportunity to explain our requirements to you. After providing background information, I will answer the specific questions raised in your letter.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, there are currently no Federal motor vehicle safety standards (FMVSS's) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, Child Restraint Systems, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket seat cover.

I note, however, that there are other Federal requirements that indirectly affect your manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your cover contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which 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 ...." A child restraint has elements of design that could be rendered inoperative by a child seat cover. Standard No. 213 sets flammability resistance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No. 302, "Flammability of Interior Materials.") While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they should ensure that they do not compromise the safety protection provided by the child restraint system.

The "render inoperative" prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your seat cover were placed on restraints by the restraint owners, your product need not meet any FMVSS's. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I will now take this opportunity to answer your specific questions.

Question One 1. Where can the fabric be tested?

The agency does not recommend any test laboratory. However, the following laboratories have conducted similar tests for this agency.

Commercial Testing Co Detroit Testing Laboratory 1215 S. Hamilton Street P.O. Box 869 Dalton, GA 30722-0985 Warren, MI 48090-0869 Phone: (404) 278-3935 Phone: (313) 754-9000 Fax: (404) 278-3936 Fax: (313) 754-9045

United States Testing Co. Engineering Services Division 291 Fairfield, NJ 07006 Phone: (201) 575-5252 Fax: (201) 575-8271

Question Two 2. What are the test specifications?

As explained above, Standard No. 302 specifies the Federal motor vehicle safety standards applicable to flammability resistance. This standard does not directly apply to aftermarket products such as a seat cover for a child restraint. However, we have enclosed a copy of Standard No. 302 for your information.

Question Three 3. Are these questions something that are already available from the factory?

We are not certain what information you wished to obtain by this question. We assume that you were asking whether a manufacturer of a product subject to Standard No. 302 can rely on the assurances from the fabric manufacturer that the material meets the standard's flammability requirements. The manufacturer of the product (e.g., a new child restraint system) would be responsible for exercising due care in certifying that the product meets all applicable FMVSS's. The manufacturer of the product would thus be responsible for ensuring that its reliance on the fabric manufacturer's assurances were reasonable and that the assurances were bona fide.

Question Four 4. Whether the packaging can state that the fabric has been tested and found to be within compliance with government regulations.

Only motor vehicles and motor vehicle equipment that are subject to and that meet the FMVSS's may be certified as complying with those standards. NHTSA does not permit manufacturers of products that are not subject to the FMVSS's to certify to those standards because consumers might be confused or misled about a statement that a product complies with a standard when in fact no standard applied. Accordingly, since no FMVSS applies to an aftermarket child seat cover, you must not state on the packaging that the fabric of your product complies with the FMVSS's.

Question Five 5. Seeks any other government regulations for children's products.

We are not aware of any other Federal government agency that regulates items of motor vehicle equipment. More generally, please be aware that the United States Consumer Product Safety Commission regulates certain consumer products used by children. You may wish to contact that agency at (301) 492- 6580 for information about their statutes and regulations related to children's products.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:213#302 d:5/18/93

ID: nht93-3.51

DATE: May 18, 1993

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

TO: A. F. Zang, III

TITLE: None

ATTACHMT: Attached to letter 01-01-93 EST from A. F. Zang, III, to NHTSA (OCC 8408)

TEXT: This responds to your letter asking about government rules applicable to your product, which you describe as an aftermarket child's car seat cover made out of a plastic-coated fabric. In particular, you were concerned about flammability restrictions that would be applicable to your product. I am pleased to have this opportunity to explain our requirements to you. After providing background information, I will answer the specific questions raised in your letter.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, there are currently no Federal motor vehicle safety standards (FMVSS's) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, CHILD RESTRAINT SYSTEMS, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket seat cover.

I note, however, that there are other Federal requirements that indirectly affect your manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your cover contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which 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 ...." A child restraint has elements of design that could be rendered inoperative by a child seat cover. Standard No. 213 sets flammability resistance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No.

302, "Flammability of Interior Materials.") While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they should ensure that they do not compromise the safety protection provided by the child restraint system. The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your seat cover were placed on restraints by the restraint owners, your product need not meet any FMVSS's. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I will now take this opportunity to answer your specific questions.

OUESTION ONE

1. Where can the fabric be tested?

The agency does not recommend any test laboratory. However, the following laboratories have conducted similar tests for this agency.

Commercial Testing Co Detroit Testing Laboratory 1215 S. Hamilton Street P.O. Box 869 Dalton, GA 30722-0985 Warren, MI 48090-0869 Phone: (404) 278-3935 Phone: (313) 754-9000 Fax: (404) 278-3936 Fax: (313) 754-9045

United States Testing Co. Engineering Services Division 291 Fairfield, NJ 07006 Phone: (201) 575-5252 Fax: (201) 575-8271

OUESTION TWO

2. What are the test specifications?

As explained above, Standard No. 302 specifies the Federal motor vehicle safety standards applicable to flammability resistance. This standard does not directly apply to aftermarket products such as a seat cover for a child restraint. However, we have enclosed a copy of Standard No. 302 for your information.

OUESTION THREE

3. Are these questions something that are already available from the factory?

We are not certain what information you wished to obtain by this question. We assume that you were asking whether a manufacturer of a product subject to Standard No. 302 can rely on the assurances from the fabric manufacturer that the material meets the standard's flammability requirements. The manufacturer of the product (e.g., a new child restraint system) would be responsible for exercising due care in certifying that the product meets all applicable

FMVSS's. The manufacturer of the product would thus be responsible for ensuring that its reliance on the fabric manufacturer's assurances were reasonable and that the assurances were bona fide.

OUESTION FOUR

4. Whether the packaging can state that the fabric has been tested and found to be within compliance with government regulations.

Only motor vehicles and motor vehicle equipment that are subject to and that meet the FMVSS's may be certified as complying with those standards. NHTSA does not permit manufacturers of products that are not subject to the FMVSS's to certify to those standards because consumers might be confused or misled about a statement that a product complies with a standard when in fact no standard applied. Accordingly, since no FMVSS applies to an aftermarket child seat cover, you must not state on the packaging that the fabric of your product complies with the FMVSS's.

OUESTION FIVE

5. Seeks any other government regulations for children's products.

We are not aware of any other Federal government agency that, regulates items of motor vehicle equipment. More generally, please be aware that the United States Consumer Product Safety Commission regulates certain consumer products used by children. You may wish to contact that agency at (301) 492-6580 for information about their statutes and regulations related to children's products.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: aiam2822

Dear Ms. Kruckenberg: This is in reply to your letter of March 1, 1978, to Mr. Vinson of thi office asking whether marker lamps on your new 'bevel designed front Van Trailer' comply with Federal Motor Vehicle Safety Standard No. 108. Specifically, instead of providing two amber clearance lamps, on the trailer front and two amber side marker lamps at the trailer's leading edge, you would install a combination clearance-side marker lamp at 45 degrees on the beveled leading edge of the trailer.; Paragraph S4.4.1 of Standard No. 108 permits a side marker lamp to b combined with a clearance lamp 'if the requirements for each lamp...are met....' This means that the combination lamp in position on the vehicle must meet the requirements of SAE Standard J592e, *Clearance, Side Marker, and Identification Lamps*, July 1972. This standard addresses specific photometric requirements for combination clearance and side marker lamps and I enclose a copy for your information.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: bottling_trailer5853v2

Sandra Swanson, Branch Manager
PBB Global Logistics
400 Oyster Point Blvd. #539
S. San Francisco, CA 94080




Dear Mr. Swanson:

This responds to your letter in which you ask if a trailer your client is considering to import into the United States is a "motor vehicle" as defined in our standards. As explained below, our answer is yes.

In your letter, you state that the trailer is not equipped with an engine and is not primarily for "road use". You state that the trailer is equipped with bottling equipment and would be transported to wineries to assist in the bottling of wine. You also state that in the vehicles country of origin (France), it was licensed as a semitrailer and not considered a motor vehicle.

Chapter 301 of Title 49 of the U.S. Code authorizes the National Highway Traffic Safety Administration to establish Federal motor vehicle safety standards applicable to new motor vehicles. Section 30102(a)(6) of that chapter defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

We have issued a number of letters addressing this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of

highway travel. Also, vehicles are not motor vehicles if they were designed to be used primarily at off-road job sites and, although capable of being operated on public roads from one job site to another, their on-road use is infrequent and incidental to the primary purpose for which they were manufactured (e.g., mobile cranes).

In our previous determinations that vehicles were designed primarily for use off-road, the work-oriented equipment was integral to the design of the vehicle, i.e., the mobility-oriented characteristics of the vehicle reflected the off-road use of the vehicle. For example, in a recent letter to Ms. Melissa A. Burt (March 21, 2005), we noted that the vehicle in question had a lower speed differential than that commonly found on vehicles manufactured for use on public roads, which permitted slow, consistent operating speeds necessary for its off-road use. Further, that vehicles engine was equipped with a front or rear end power takeoff that can run the mixers machinery in the farmers field. The vehicle discussed in the Burt letter was determined not be a motor vehicle as its characteristics, without respect to the work-oriented equipment, demonstrated that the vehicle was not manufactured primarily for use on public roads.

You state that the trailer your client is seeking to import contains bottling equipment, which is intended to be used off-road, i.e., at wineries. However, at issue is the vehicle and not the equipment transported by the vehicle. The characteristics of the trailer you described in your letter, aside from the bottling equipment housed in the trailer, are indistinguishable from trailers manufactured primarily for use on public roads. In your letter, you further state that the vehicle is classified as a "semitrailer" in its country of origin. We note that the definition of "motor vehicle" extends to vehicles that do not have engines, i.e., those that are drawn by mechanical power. "Semitrailer" is specifically defined as a class of motor vehicles in 49 CFR 571.3.

Based on the above discussion we would classify the vehicle your client is seeking to import as a "motor vehicle".If you have any further questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Stephen P. Wood
Assistant Chief Counsel
for Vehicle Safety Standards and Harmonization

ref:571
d.8/10/05

ID: 571.108 -- HDC Supplemental Turning Lamps -- HAAS -- 15-4155

Mr. Michael Haas

Haas Design Concepts
P.O. Box 575
Tiburon, CA  94920

Dear Mr. Haas:

This responds to your letter asking whether your product, the HAAS Design Concepts sequential perimeter lighting system, is permissible under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR § 571.108).  As explained below, your product is permissible if it operates in a manner that is synchronized with the vehicle’s required turn signals and satisfies the other criteria cited in this letter.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (49 U.S.C. Chapter 301) to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment.  NHTSA does not provide approvals of motor vehicles or motor vehicle equipment.  Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture, before the product can be offered for sale.  Manufacturers must also ensure their products are free of safety-related defects.   

The following interpretation of FMVSS No. 108 is based on our understanding of the information provided in your letter, and is limited to the system you described. 

Description of Your Product

From your letter and follow-up correspondence with my staff, we understand that your product consists of a strip of 24 amber-colored LEDs that are mounted inside a 30-inch long “Metalized Plastic rail.”[1]  This rail would be attached horizontally along the lower portion of the exterior of a vehicle’s driver and front passenger doors with “two-sided automotive acid rain tape.”  The LED strip would be wired into a “Sequential Controller” through a hole in the door panel.  This Sequential Controller in turn would be “fastened” to the vehicle’s existing turn signal system.

We understand that your product operates as follows:  When the headlamps are activated, all 24 of your product’s LEDs illuminate as steady-burning lamps.  When the driver activates the left or right turn signals, the amber-colored LEDs on the corresponding side become brighter sequentially from the “front” end of the rail (i.e., the end nearer to the front of the car) to the rear end of the rail.  It is our understanding that this sequential turn signal function can be activated regardless of whether the headlamp system is on or off, the only difference being the initial brightness of the LEDs (dim vs. off).  You state that your product’s cycle of sequentially activating LEDs is timed so that the cycle restarts at a rate that matches the flash rate of the required turn signals, and that if the turn signal is cancelled, the LEDs immediately return to their steady-burning (or “off”) state even if they are only partway through a cycle.

Applicable Requirements

Motor vehicle lighting that is installed as original equipment is regulated under FMVSS No. 108.  FMVSS No. 108 requires that vehicles be equipped with certain types of lamps (“required” lamps), and sets out specific performance standards that those lamps must meet.  Non-required (or “auxiliary”) lamps, while still regulated under FMVSS No. 108, are not required to meet specific performance requirements in the same way that the required lamps are.  Rather, auxiliary lamps are subject to S6.2.1, which states: “No additional lamp, reflective device, or other motor vehicle equipment is permitted to be installed that impairs the effectiveness of lighting equipment required by this standard.”

NHTSA has issued numerous interpretations on the meaning of the phrase “impairs the effectiveness” in S6.2.1.  For example, an auxiliary lamp impairs the effectiveness of required lighting equipment if it causes “confusion with the signal sent by another [required] lamp.”[2]  Further, an auxiliary lamp that supplements a specific required lamp should “perform in the same manner, and perform the same function, as the original equipment it is intended to supplement.”[3]  The question of whether an auxiliary lamp impairs required lighting equipment is usually decided on a case-by-case basis. 

Discussion

We do not believe that your product would impair the effectiveness of a vehicle’s required lighting equipment in either its steady-burning state or when it sequentially flashes for signaling purposes.  Please note, however, that your product may need to conform to certain requirements relating to the vehicle’s hazard warning system, depending on whether your product activates with the vehicle’s hazard warning lamps.

We do not believe that your product would impair the effectiveness of required lamps in its steady-burning state because it operates in a way that is consistent with FMVSS No. 108’s requirements for a side marker lamp (which is the type of signal lamp your product most closely resembles).[4]  Specifically, your product activates when the vehicle’s headlamp system is
activated.  Its LEDs are steady-burning except when they flash as part of the turn signal system.  Furthermore, the LEDs are amber, which we have previously determined is the only appropriate color for auxiliary side marker lamps that are located towards the front end of the vehicle.[5]

We also do not believe that your product would impair the effectiveness of the vehicle’s required turn signals when flashing for signaling purposes because your product’s cycle of sequentially illuminating its LEDs repeats at a rate that is synchronized to the required turn lamps.[6]  The illumination sequence restarts in time with each flash of the required turn signal lamps, and when the turn signal is cancelled, your product returns to a steady-burning state (or turns off) immediately.[7] 

Although you do not discuss your product’s functionality as a hazard lamp in your interpretation request, we believe it is possible that, depending on how your product is wired, its LEDs may activate as part of the vehicle’s hazard warning system.  If this is the case, your product would need to meet additional requirements to ensure it does not impair the effectiveness of the vehicle’s hazard lamps.  S6.6.2 of FMVSS No. 108 requires a “vehicular hazard warning [signal] operating unit,” [8] which is defined in S4 as “a driver-controlled device which causes all required turn signal lamps to flash simultaneously to indicate to approaching drivers the presence of a vehicle hazard.”  Although your product is not a “required turn signal lamp,” if it is activated as part of the vehicular hazard warning signal system, its LEDs would need to flash simultaneously when the hazard warning lights are activated to be permissible under FMVSS No. 108.  If the LEDs illuminate sequentially rather than “simultaneously,” it could cause driver confusion and could potentially interfere with the effectiveness of the hazard warning system.

Lamp Brightness

Separate from your product’s sequential activation pattern, we are concerned that the brightness of your product’s LEDs could potentially impair the vehicle’s required signal lamps.  Specifically, if the LEDs are too bright, it could obscure the vehicle’s required signal lamps, or could cause other drivers not to recognize that your product supplements the vehicle’s required turn signals.  To avoid the possibility of impairment due to brightness, it is our view that a supplemental signal lamp such as your product should not be noticeably brighter than the required lamps that it supplements.  Note that, because the question of impairment should be analyzed on a vehicle-by-vehicle basis, the maximum brightness of as auxiliary signal lamp on a particular vehicle must be determined based on the brightness of the required signal lamps that are actually installed as original equipment on that vehicle—even if FMVSS No. 108 permits signal lamps of that type to be brighter.

Make Inoperative Provision

Please note that your product would be subject to the Safety Act’s “make inoperative” provision (49 U.S.C. § 30122).  The “make inoperative” provision prohibits manufacturers, distributors, dealers, rental companies and motor vehicle repair businesses from “knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard” promulgated by NHTSA.  If a business that falls into one of these categories were to install your product on a vehicle in a way that interferes with a vehicle’s required lighting or otherwise renders a vehicle’s other safety features inoperative, that entity could be subject to a NHTSA enforcement action.  Historically, NHTSA has viewed the “impairment” and “make inoperative” standards as identical (i.e., lighting equipment that is prohibited under the impairment provision would also be prohibited under the make inoperative provision, and vice versa).[9]

If you have further questions, you may refer them to Daniel Koblenz of my staff at (202) 366-2992.

Sincerely,

Jonathan C. Morrison

Chief Counsel

Dated: 5/6/19

Ref: FMVSS No. 108

[1] You explain that these LEDs “are sealed by clear-colored cocking inside the cap rail which are protected from the elements by Smoke Colored Polycarbonate plastic covers,” and that the polycarbonate material you use to cover your product’s LEDs “is similar to the polycarbonate used to protect all automotive head lights and tail lights.”  We would like to point out that the polycarbonate that is typically used to protect required lighting cannot meet the requirements of S14.4.2 without some sort of protective coating. 

[2] Letter to Byung M. Soh (Sept. 13, 1988), available at https://isearch.nhtsa.gov/gm/88/nht88-3.100.html.

[3] Letter to Mr. Bart W. Hill (Aug. 27, 1999), available at http://isearch.nhtsa.gov/files/20174.ztv.htm.

[4] Letter to Robert M. Currie (Jan. 31, 1997), available at https://isearch.nhtsa.gov/files/13208.ztv.html.

[5] Letter to Robert J. Ponticelli (Aug. 18, 1995), available at https://isearch.nhtsa.gov/files/1083.html.

[6] Letter to Jerry Koh (Feb. 6, 1986), available at https://isearch.nhtsa.gov/gm/86/86-2.50.html 

[7] We note that side marker lamps do not need to flash simultaneously with required turn lamps to be synchronized.  See letter to Warren M. Heath (Dec. 23, 1969), available at https://isearch.nhtsa.gov/aiam/aiam0192.html.    

[8] The text of S6.6.2 uses the term “vehicular hazard warning operating unit,” which inadvertently omits the word “signal.”

[9] E.g., Letter to Timothy C. Murphy (Nov. 1, 2004), available at https://isearch.nhtsa.gov/files/GF006332.html.