ID: aiam5239

"Dear Mr. Nigro: This responds to your letter about auxiliary heater fueled by compressed natural gas (CNG) and liquid natural gas (LNG) for installation on buses using those alternative fuels. You stated that your company currently manufactures auxiliary heaters for diesel fueled buses, and is interested in developing heaters that would 'burn CNG and LNG same as the engine.' In a telephone conversation with Marvin Shaw of my staff, you explained that you would like information about NHTSA's current requirements for auxiliary heaters on alternative fueled buses and the agency's future plans in this area. I am pleased to have this opportunity to explain our regulations to you. By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1381, et seq.), it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable Federal motor vehicle safety standards (FMVSS's). The following represents our opinion based on the facts provided in your letter. NHTSA does not have any safety standards specifically covering auxiliary heaters of any kind, and I am not aware of any plans to issue standards in this area. Nevertheless, an auxiliary heater is 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 defects relating to motor vehicle safety. If you or NHTSA determines that a safety-related defect exists, you must notify purchasers of your product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which the heater is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation. As Mr. Shaw informed you on the telephone, earlier this year NHTSA proposed to issue a safety standard that would apply to CNG tanks (i.e., containers designed to store CNG as motor vehicle fuel on-board a motor vehicle) and vehicles using CNG as a fuel (58 FR 5323, January 21, 1993). If this proposed standard is adopted, it would affect your product in the following manner. If your heater were installed as original equipment on a new vehicle, the vehicle manufacturer is required by our certification regulations to certify that the entire vehicle (with your product installed) satisfies the requirements of all applicable FMVSS's, including the CNG fuel system standard. If the heater were added to a new, previously-certified vehicle (e.g., a new completed bus), the person who adds the system would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. These certification requirements apply to the vehicle manufacturer and alterer regardless of whether the heater is connected to the vehicle's fuel system. Of course, if the heater is connected to the vehicle's fuel system, the vehicle's compliance with the CNG standard should be carefully scrutinized. If the heater were installed on a used vehicle by a vehicle manufacturer, distributor, dealer or repair business, the installer would not be subject to the certification requirements outlined above. Instead, the installer would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any applicable safety standard, including the CNG standard. This is required by 108(a)(2)(A) of the Safety Act. If the modification of the vehicle entailed connecting the heater to the vehicle's fuel system, compliance with the CNG standard would be especially germane to whether 108(a)(2)(A) were violated. The prohibition of 108(a(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSS's. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. The certification responsibilities discussed above would affect vehicle manufacturers even if the proposed CNG standard is not adopted or is not yet effective when you market your product. Except for FMVSS 301, which sets fuel system integrity requirements for gasoline and diesel-powered buses under 10,000 pounds GVWR, all of the FMVSS's that apply to a diesel- or gasoline- powered vehicle now apply to a CNG-powered vehicle. A manufacturer of a CNG- powered vehicle who installs your heater as original equipment must certify the vehicle to those standards, regardless if the CNG FMVSS is among them. Similarly, a vehicle alterer would have to certify that the vehicle, as altered, complies with all applicable FMVSS's. The 'render inoperative' prohibition would also apply even in the absence of a CNG FMVSS. The commercial entity listed in 108(a)(2)(A) who installs the heater on a CNG-powered vehicle would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any FMVSS that applies to the vehicle, even if a CNG standard is not among them. I am enclosing for your information a copy of NHTSA's proposed FMVSS for CNG tanks and vehicles. Also enclosed is a fact sheet titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and a booklet entitled Federal Motor Vehicle Safety Standards and Regulations. As you are aware, the Federal Highway Administration has issued a regulation applicable to heaters on commercial vehicles. (49 CFR 393.77). You can contact the FHWA for an interpretation of its regulations at the following address: Theodore McConnell Chief Counsel Federal Highway Administration 400 7th Street, SW Washington, D.C. 20590 I hope this information is helpful. Please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: aiam5238

"Dear Mr. Nigro: This responds to your letter about auxiliary heater fueled by compressed natural gas (CNG) and liquid natural gas (LNG) for installation on buses using those alternative fuels. You stated that your company currently manufactures auxiliary heaters for diesel fueled buses, and is interested in developing heaters that would 'burn CNG and LNG same as the engine.' In a telephone conversation with Marvin Shaw of my staff, you explained that you would like information about NHTSA's current requirements for auxiliary heaters on alternative fueled buses and the agency's future plans in this area. I am pleased to have this opportunity to explain our regulations to you. By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1381, et seq.), it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable Federal motor vehicle safety standards (FMVSS's). The following represents our opinion based on the facts provided in your letter. NHTSA does not have any safety standards specifically covering auxiliary heaters of any kind, and I am not aware of any plans to issue standards in this area. Nevertheless, an auxiliary heater is 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 defects relating to motor vehicle safety. If you or NHTSA determines that a safety-related defect exists, you must notify purchasers of your product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which the heater is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation. As Mr. Shaw informed you on the telephone, earlier this year NHTSA proposed to issue a safety standard that would apply to CNG tanks (i.e., containers designed to store CNG as motor vehicle fuel on-board a motor vehicle) and vehicles using CNG as a fuel (58 FR 5323, January 21, 1993). If this proposed standard is adopted, it would affect your product in the following manner. If your heater were installed as original equipment on a new vehicle, the vehicle manufacturer is required by our certification regulations to certify that the entire vehicle (with your product installed) satisfies the requirements of all applicable FMVSS's, including the CNG fuel system standard. If the heater were added to a new, previously-certified vehicle (e.g., a new completed bus), the person who adds the system would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. These certification requirements apply to the vehicle manufacturer and alterer regardless of whether the heater is connected to the vehicle's fuel system. Of course, if the heater is connected to the vehicle's fuel system, the vehicle's compliance with the CNG standard should be carefully scrutinized. If the heater were installed on a used vehicle by a vehicle manufacturer, distributor, dealer or repair business, the installer would not be subject to the certification requirements outlined above. Instead, the installer would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any applicable safety standard, including the CNG standard. This is required by 108(a)(2)(A) of the Safety Act. If the modification of the vehicle entailed connecting the heater to the vehicle's fuel system, compliance with the CNG standard would be especially germane to whether 108(a)(2)(A) were violated. The prohibition of 108(a(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSS's. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. The certification responsibilities discussed above would affect vehicle manufacturers even if the proposed CNG standard is not adopted or is not yet effective when you market your product. Except for FMVSS 301, which sets fuel system integrity requirements for gasoline and diesel-powered buses under 10,000 pounds GVWR, all of the FMVSS's that apply to a diesel- or gasoline-powered vehicle now apply to a CNG-powered vehicle. A manufacturer of a CNG-powered vehicle who installs your heater as original equipment must certify the vehicle to those standards, regardless if the CNG FMVSS is among them. Similarly, a vehicle alterer would have to certify that the vehicle, as altered, complies with all applicable FMVSS's. The 'render inoperative' prohibition would also apply even in the absence of a CNG FMVSS. The commercial entity listed in 108(a)(2)(A) who installs the heater on a CNG-powered vehicle would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any FMVSS that applies to the vehicle, even if a CNG standard is not among them. I am enclosing for your information a copy of NHTSA's proposed FMVSS for CNG tanks and vehicles. Also enclosed is a fact sheet titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and a booklet entitled Federal Motor Vehicle Safety Standards and Regulations. As you are aware, the Federal Highway Administration has issued a regulation applicable to heaters on commercial vehicles. (49 CFR 393.77). You can contact the FHWA for an interpretation of its regulations at the following address: Theodore McConnell Chief Counsel Federal Highway Administration 400 7th Street, SW Washington, D.C. 20590 I hope this information is helpful. Please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: 571.141 NCC-230601-001 Nagaraj-Superhorn

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.

ID: aiam5272

"Dear Mr. Takacs: This responds to your letter of September 21, 1993 i which you referred to this agency's final rule amending Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Passenger Seating and Crash Protection, dated September 3, 1993 (58 FR 46873). You requested our interpretation of that notice as to whether the following is acceptable: 1. The webbing Kinedyne uses in its wheelchair strap assemblies is industrial-type 1 or 2-inch polyester webbing that meets the strength and other requirements of S4.2 of FMVSS 209. 2. The hardware Kinedyne uses on its wheelchair strap assemblies are industrial-type 1 or 2-inch overcenter, ratchet or cam buckles, wire hooks, snap hooks and track fittings, all of which meet the strength and other requirements of S4.3 of FMVSS 209. With regard to the webbing used in your strap assemblies, paragraph S4.2(a), FMVSS 209, provides that seat belt webbing cannot be less than 1.8 inches in width 'except for portions that do not touch a 95th percentile adult male with the seat in any adjustment position and the seat back in the manufacturer's nominal design riding position . . . .' That means that seat belt webbing must be 1.8 inches in width only where it touches the person of the occupant. The width of webbed belts or straps which secure a wheel chair to the bus floor and do not touch the person of the occupant is not specified in any standard. Accordingly, Kinedyne is free to use belts of 1 inch or some other width, so long as such belts do not touch the person of the occupant and meet the other requirements of S4.2, FMVSS 209. S4.3 of FMVSS 209 addresses a number of requirements for seat belt hardware, including corrosion and temperature resistance, attachment hardware, buckle release, adjustment force, retractor requirements (if applicable), etc. If the hardware Kinedyne uses in fact meet all those requirements, then it would be acceptable. I hope this information is helpful to you. If you have any further questions or need any further information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: NCC-200810-001-HMSL Hazard Lamp - Rostra

March 5, 2024

Mr. Peter Kallgren

Vice President, Sales & Marketing

Rostra Precision Controls, Inc.

2519 Dana Drive

Laurinburg, NC 28352

Dear Mr. Kallgren, 

This responds to your company’s request for interpretation regarding whether a replacement center high mounted stop lamp (CHMSL) intended to be installed on a truck cap is permitted to flash when a vehicle’s hazard lamps are activated. As we explain below, it is our view that it would not be permissible for the CHMSL to flash as a supplemental hazard warning lamp because our regulations require that a CHMSL be steady burning when activated. We respond to your question in more detail below. 

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approval of motor vehicles or motor vehicle equipment, and NHTSA does not determine compliance of a vehicle or item of motor vehicle equipment outside the context of an actual enforcement proceeding. 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. The following represents NHTSA’s opinion regarding the applicability of FMVSS No. 108 requirements to your proposed CHMSL, based on the information you have provided. 

Under 49 U.S.C. 30122, a vehicle manufacturer, distributor, dealer, rental company, or repair business generally may not knowingly “make inoperative” any part of a device or element of design installed in or on a motor vehicle in compliance with an applicable FMVSS. You ask specifically about a CHMSL that would be a supplement to the existing one. This additional lamp is made necessary because, without one, a truck cap installed by your company would “make inoperative” the existing CHMSL by creating an obstruction or blockage. 

FMVSS No. 108 specifies requirements for original and replacement lamps, reflective devices, and associated equipment. The standard contains a number of specific requirements for certain lamps, such as headlamps, turn signal lamps, and high-mounted stop lamps, among others. In order to not “make inoperative” the required CHMSL, the lamp you propose to mount on the truck cap to avoid the obstruction would need to meet all the requirements of FMVSS No. 108 that apply to the original CHMSL. A CHMSL, by definition under paragraph S4, is expected to be steady burning, and it is also expressly required to be steady burning by paragraph S6.1.5, Activation, which states in relevant part that “Each lamp must be activated as specified … in response to the inputs specified in Table I ….” Table I-A, in turn, requires high mounted stop lamps to be “steady burning” and to “be activated only upon application of the service brakes or [ ] be activated by a device designed to retard the motion of the vehicle.” 

You describe a situation in which a CHMSL mounted on a truck cap is wired into a vehicle’s signal lighting system in a manner that causes the CHMSL to flash with the turn signals when the vehicle’s hazard warning system is activated. Accordingly, you ask whether it is permissible for the CHMSL to be considered a supplemental hazard lamp that flashes when the vehicle’s hazard warning system is activated. 

Because FMVSS No. 108 requires a CHMSL to be steady burning, as explained above, a CHMSL that flashes would not comply and would fail to prevent the cap obstruction from rendering inoperative the CHMSL required by FMVSS No. 108. The fact that hazard warning lamps have been activated does not change the requirement that the CHMSL be steady burning, and FMVSS No. 108 does not permit a CHMSL to cease to function as a CHMSL and begin to function as a supplemental hazard warning lamp simply because the hazard warning system is activated. This is consistent with past NHTSA interpretations, where the agency stated that “causing the center high-mounted stop lamp to flash would not change the center lamp into a ‘hazard warning lamp’ within the meaning of Standard No. 108.”1 

If you have further questions, please contact Eli Wachtel of my staff at (202) 366-2992. 

Sincerely, 

John Donaldson 

Acting Chief Counsel

1 Letter to Randy I. McClanahan (April 2, 1996), available at https://www.nhtsa.gov/interpretations/11610ztv.

Dated: 3/5/24

Ref: Standard No. 108

ID: aiam5216

"Dear Mr. Ross: This responds to your letter requesting informatio about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product. 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 National Traffic and Motor Vehicle Safety Act ('Safety Act') establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and 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 product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing. In addition, 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 ....' It is conceivable that your product, when placed on a vehicle's rear window, could 'render inoperative' the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111. 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 product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility. We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: aiam5218

"Dear Mr. Ross: This responds to your letter requesting informatio about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product. 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 National Traffic and Motor Vehicle Safety Act ('Safety Act') establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and 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 product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing. In addition, 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 ....' It is conceivable that your product, when placed on a vehicle's rear window, could 'render inoperative' the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111. 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 product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility. We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: 571.226--modified roof--Summit Bodyworks

Mr. Mike Arnett

Summit Bodyworks

County Rd 8

Fort Lupton, CO  80621

Dear Mr. Arnett:

This responds to your inquiry asking whether your vehicles are “modified roof vehicles,” a type of vehicle that is excluded from the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 226, “Ejection mitigation.”  As explained below, our answer is yes. 

Paragraph S2 of FMVSS No. 226 excludes “modified roof vehicles” from the standard.  The term “modified roof” is defined in S3 of FMVSS No. 226 as follows: “‘Modified roof’ means the replacement roof on a motor vehicle whose original roof has been removed, in part or in total, or a roof that has to be built over the driver's compartment in vehicles that did not have an original roof over the driver's compartment.”

You state that you “purchase Transit cargo vans from Ford direct and then upfit the interior” to produce recreational vehicles.  You state that you do not remove the roof of the vehicle “in total,” but cut a 14-inch by 14-inch hole in the roof for an electric exhaust vent.  You ask if we would consider your modification to constitute a removal of the original roof “in part.” 

Discussion

Our answer is yes, we consider you to be removing the original roof “in part” when you remove the 14- by 14-inch section of the roof to install the electric exhaust vent. 

In an August 1, 2019 telephone conversation with Deirdre Fujita of my staff, you explain that the exhaust vent is part of an air ventilation and/or conditioning unit that is used when the vehicle is providing temporary living quarters.  It is evident to NHTSA that the unit is important for the comfort of occupants and to the vehicle’s functionality as a recreational vehicle.

After considering the information you provide, we conclude that your vehicles are “modified roof vehicles” under FMVSS No. 226.  Our conclusion is consistent with the agency’s

March 22, 2016 interpretation to Mr. Richard Coon of the Recreation Vehicle Industry Association where NHTSA affirmed that vehicles with roofs modified by the addition of “vents with moveable covers, exhaust or air circulation fans” would be modified roof vehicles under FMVSS No. 226.

I hope this information is helpful.  If you have further questions, please contact Ms. Fujita at (202) 366-2992.

Sincerely,

Jonathan C. Morrison

Chief Counsel

Dated: 8/27/19

Ref: FMVSS No. 226

ID: aiam4093

Dear Mr. Beier: This responds to your letter concerning whether the Mini-Max brak system, produced by International Transquip Industries, Inc., complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, *Air Brake Systems*. We apologize for the delay in our response. According to your letter, you have a number of concerns about the quality of the Mini-Max unit. You expressed concern about a letter from International Transquip which asserts that the Mini-Max brake system complies with FMVSS No. 121 and provides the names of Mr. James Brittel and Mr. Gerald Davis, both of the Bureau of Motor Carrier Safety (BMCS), for 'further confirmation.' You asked several questions which are answered below.; Your first question is whether a June 6, 1984 letter signed by Mr Gerald Davis of BMCS denotes approval of Mini-Max by either BMCS or NHTSA. Mr. Davis' letter indicates that BMCS reviewed material furnished by International Transquip concerning that company's parking brake system (i.e., the Mini-Max system) and states that the system 'appears to meet an interpretation issued by the National Highway Traffic Safety Administration in April 1974' an interpretation dated April 16, 1974, concerning FMVSS No. 121 .; As stated by Mr. Davis in his letter, the Federal Highwa Administration has a long-standing policy of not approving equipment. Likewise, NHTSA does not grant approvals of motor vehicles or motor vehicle equipment with respect to their compliance or noncompliance with Federal motor vehicle safety standards (FMVSS). The National Traffic and Motor Vehicle Safety Act, under which the standards are issued, provides that it is the manufacturers which have the responsibility for certifying the compliance of their products with the FMVSS.; Your second question is whether a 'certification of compliance provided by International Transquip has any significance. The document in question states that the Mini-Max brake system when installed per details provided by International Transquip meets or exceeds all Federal motor vehicle safety standards and Federal Highway Administration standards pertaining to air brake systems for trucks, buses and trailers as to fleet owners and operators. I will address your question to the extent of possible significance to compliance with FMVSS No. 121.; FMVSS No. 121 applies to trucks, buses, and trailers equipped with ai brake systems. See section S3, *Application*. The standard thus applies to vehicles and not directly to equipment. As an equipment manufacturer, International Transquip is not required to certify compliance of Mini-Max to Standard No. 121, but any vehicle manufacturer which would install Mini-Max would be required to make such certification. It is not uncommon for a vehicle manufacturer to request information from an equipment manufacturer as part of fulfilling its duty to exercise due care in certifying that a vehicle complies with applicable Federal motor vehicle safety standards. However, the responsibility for certification is on the vehicle manufacturer.; It is our opinion that reliance by a vehicle manufacturer solely on 'certification of compliance' provided by an equipment manufacturer, without more, would not be an exercise of due care. Moreover, should it be determined that a vehicle does not comply with a Federal motor vehicle safety standard or contains a defect, the recall and remedy obligations of sec. 151 *et seq.* of the National Traffic and Motor Vehicle Safety Act would fall upon the vehicle manufacturer and not the equipment manufacturer which supplied particular equipment. See 49 CFR Part 579. Possible liability in tort under state law could fall upon both the vehicle manufacturer and the equipment manufacturer.; Your third question is whether NHTSA has run any tests on the Mini-Ma unit and, if so, what the results were. NHTSA has not run any compliance tests on a Mini-Max unit but has run some tests for purposes of research and development. It is our understanding that Mr. Sid Williams of NHTSA's Office of Research and Development has already discussed these tests with you. It is also our understanding that International Transquip may have changed the design of the Mini-Max system since the tests were run.; We note that the California Highway Patrol (CHP) has raised a number o issues relating to the compliance and overall safety of Mini-Max brakes in connection with a petition for rulemaking, and that International Transquip has submitted comments on CHP's analysis. We have enclosed for your information a notice granting the CHP petition and three related interpretation letters, to International Transquip, the New Jersey Division of Motor Vehicles, and P.T. Brake Lining Company. The CHP and Mini- Max submissions have been placed in the Petitions for Rulemaking (PRM) Docket for FMVSS No. 121. If you desire copies of those submissions, please contact: Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 20590 (202-426-2768).; Sincerely, Erika Z. Jones, Chief Counsel