ID: aiam3721

Dear Ms. Thain: This responds to your recent letter to this office, asking whether client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1397(a)(1)(A)) specifies that 'no person shall...import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title, unless it is in conformity with such standard.' You stated that your client wants to import used truck tires.; Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (4 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.; There are three very narrow exceptions to this principle. First, tire which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.; The second exception which allows tires without a DOT symbol to b imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on that information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.; The third exception involves three conditions, all of which must b satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:; (1) they are used tires for use on motor vehicles other than passenge cars,; (b) they have less than 2/32 inch of tread remaining on the tire, and (c) the tires are imported solely for the purpose of retreading. When these three conditions are met, the agency has interpreted th tires not to be 'items of motor vehicle equipment' within the meaning of the law. However, your client's tires appear to meet only the first condition.; If you have any further questions on this matter, please feel free t contact Steve Kratzke of my staff at this address, or by phone at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4861

"Dear Mr. Haywood: This responds to your letter of March 20, 1991 wit respect to 'the sale of a very limited number of specially built cars in the U.S.' Components would be manufactured by Porsche. The chassis would be 'a carbon fiber 962 racing tub' with a hand built body. The car could be imported either as an assembled vehicle or as a kit and assembled here. You have asked for information regarding 'low volume manufacturers exemptions from certain DOT regulations, emissions, passive restraints, bumper height, and all other pertinent information regarding manufacturing and sale of vehicles in the U.S.' You have not enclosed a photo of the car but your remark that the chassis is a 'racing tub' raises the possibility that the vehicle may be intended for racing purposes. Single-seat vehicles imported for competition on closed circuit courses and not used on the public roads are generally not 'motor vehicles' under the National Traffic and Motor Vehicle Safety Act, and no regulations apply to them. If you wish to pursue this possibility further, please send us more information on the vehicle. Assuming that the car is subject to the Safety Act, its manufacturer is eligible to apply for a temporary exemption from one or more of the Federal motor vehicle safety standards on several grounds. Exemptions of up to three years may be provided a manufacturer whose total motor vehicle production was 10,000 units or less in the year preceding the filing of its petition. Alternatively, exemptions of up to two years may be provided covering up to 2,500 vehicles per year if the manufacturer-petitioner can demonstrate that the exemption would facilitate the field evaluation of innovative safety features or low-emission vehicles, or if, in the absence of an exemption, the manufacturer would be prevented from selling a motor vehicle whose overall level of safety is at least equivalent to that of a vehicle complying with all the safety standards. However, the exemption authority extends only to the safety standards. The bumper height standard was issued under the authority of the Motor Vehicle Information and Cost Savings Act which contains no exemption provisions. The emission standards are issued by the Environmental Protection Agency, which is not part of the Department of Transportation, and you will have to contact them as to their requirements. If the intent is to import a fully assembled motor vehicle into the United States, at the time of entry it will have to bear the certification of its manufacturer that it complies with all applicable Federal motor vehicle safety, bumper, and theft prevention standards (the certification label must also list the standards from which exemptions may have been provided). If the intent is to ship the vehicle in a disassembled state for assembly by the purchaser or manufacturer's agent in the United States, and if the kit contains l00% of the parts necessary for assembly, we regard the foreign supplier as the 'manufacturer', responsible for ensuring compliance with all Federal requirements, including provision of certification. I enclose an information sheet with respect to the regulations that we administer, and will be pleased to answer any further questions you may have. If you prefer to telephone, Taylor Vinson of this Office will be able to help you (202-366-5263). Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam3720

Dear Ms. Thain: This responds to your recent letter to this office, asking whether client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1397 (a)(1)(A)) specifies that 'no person shall...import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title, unless it is in conformity with such standard.' You stated that your client wants to import used truck tires.; Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (4 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.; There are three very narrow exceptions to this principle First, tire which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.; The second exception which allows tires without a DOT symbol to b imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on the information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.; The third exception involves three conditions, all of which must b satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:; (a) they are used tires for use on motor vehicles other than passenge cars,; (b) they have less than 2/32 inch of tread remaining on the tire, and (c) the tires are imported solely for the purpose of retreading. When these three conditions are met, the agency has interpreted th tires not to be 'items of motor vehicle equipment' within the meaning of the law. However, your client's tires appear to meet only the first condition.; If you have any further questions on this matter, please feel free t contact Steve Kratzke of my staff at this address, or by phone at (202)426-2992.; Sincerely, Frank Berndt, Chief Counsel

ID: nht68-2.34

DATE: 10/18/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Citroen Cars Corporation

TITLE: FMVSS INTERPRETATION

TEXT: By your letter of October 8, 1968 you ask if the glazing material in the rear window of passenger cars can be 4 millimeters thick and be in compliance with Federal Motor Vehicle Standard No. 205; Glazing Materials - Passenger Cars, Multipurpose Passenger Vehicles, Motorcycles, Trucks, and Buses.

Standard No. 205 requires that glazing materials conform to the ASA Standard Z26.1-1966. The ASA standard Z26.1-1966 does not set forth how thick glazing material must be but requires the glass used to meet certain tests, depending on the type of vehicle the glass is being used in and the location of the glass in that vehicle.

ID: aiam2286

Dear Mr. Theissen:#This is in response to your letter of February 5 1976, to Mrs. Winifred Desmond of this agency concerning braking and rollover characteristics of the Jeep vehicle. We are sorry for the delay in our answer.#The Jeep Corporation is correct in saying that 49 CFR 571.105-75, *Hydraulic Brake Systems*, applies only to passenger cars. It will also apply to school buses manufactured after October 25, 1976. Part 575, Consumer Information Regulations, applies as a whole to all motor vehicles (49 CFR 575.4), but the consumer information item requiring reports on brake performance is limited to passenger cars and motorcycles (49 CFR S571.101).#With regard to rollover resistance, the agency has issued an advance notice of proposed rulemaking to collect information on rollover resistance, but no requirement to report on rollover performance exists at this time.#Yours truly,Stephen P. Wood,Assistant Chief Counsel;

ID: aiam0096

>>>Ref: A/B GE 3 Hn/Ra<<< Dear Mr. Hammerstein: The Bureau of Customs has forwarded to us for further reply a copy o your letter to them of May 21 asking whether lighting units for passenger cars, which do not conform to the requirements of Federal motor vehicle safety standard 108, may be admitted to the United States after January 1, 1969.; Amended Federal standard No. 108, effective January 1, 1969, specifie lighting requirements for various categories of motor vehicles including passenger cars manufactured on or after that date. It does not specify requirements for individual items of lighting equipment. This means that these individual items, no matter what the date of manufacture, may be imported into the United States after January 1, 1969, because they will have been manufactured on a date when there were no standards in effect applicable to them.; I hope this answers your question. Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel for Regulations

ID: aiam2293

Dear Mr. Theissen: This is in response to your letter of February 5, 1976, to Mrs Winifred Desmond of this agency concerning braking and rollover characteristics of the Jeep vehicle. We are sorry for the delay in our answer.; The Jeep Corporation is correct in saying that 49 CFR 571.105-75 *Hydraulic Brake Systems*, applies only to passenger cars. It will also apply to school buses manufactured after October 25, 1976. Part 575, Consumer Information Regulations, applies as a whole to all motor vehicles (49 CFR 575.4), but the consumer information item requiring reports on brake performance is limited to passenger cars and motorcycles (49 CFR S 571.101).; With regard to rollover resistance, the agency has issued an advanc notice of proposed rulemaking to collect information on rollover resistance, but no requirement to report on rollover performance exists at this time.; Yours truly, Stephen P. Wood, Assistant Chief Counsel

ID: aiam2291

Dear Mr. Theissen: This is in response to your letter of February 5, 1976, to Mrs Winifred Desmond of this agency concerning braking and rollover characteristics of the Jeep vehicle. We are sorry for the delay in our answer.; The Jeep Corporation is correct in saying that 49 CFR 571.105-75 *Hydraulic Brake Systems*, applies only to passenger cars. It will also apply to school buses manufactured after October 25, 1976. Part 575, Consumer Information Regulations, applies as a whole to all motor vehicles (49 CFR 575.4), but the consumer information item requiring reports on brake performance is limited to passenger cars and motorcycles (49 CFR S 571.101).; With regard to rollover resistance, the agency has issued an advanc notice of proposed rulemaking to collect information on rollover resistance, but no requirement to report on rollover performance exists at this time.; Yours truly, Stephen P. Wood, Assistant Chief Counsel

ID: nht68-1.46

DATE: 01/29/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Messrs. Gilbert; Segall and Young

TITLE: FMVSR INTERPRETATION

TEXT: In answer to your letter of December 15 I am enclosing a copy of the regulations published January 10 governing the importation of motor vehicles subject to the Federal motor vehicle safety standards.

You have advised us that Rolls-Royce prefers to affix the certification required by section 114 of P.L. 89-563 during manufacture of its passenger cars, and to install seat belts after importation of such cars into the United States. The regulations (19 C.F.R. 12.80(b)(iv) will allow Rolls-Royce to do so providing the informational label it prescribes is affixed to the windshield of these cars during shipment.

I hope this is satisfactory to your client.

ID: nht94-6.47

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ulrich Metz -- Automotive Division, Robert Bosch GmbH (Germany)

TITLE: None

ATTACHMT: Attached to letter dated 6/9/93 from Ulrich Metz to NHTSA (OCC 9194)

TEXT:

This responds to your letter to this agency regarding a new windshield wiper system you intend to develop for front windshield. I apologize for the delay in responding.

The drawing you enclosed with your letter shows a wiper system consisting of one wiper arm and blade, as distinguished from the conventional systems consisting of two wiper arms and blades. Your wiper system takes different paths on the forward and the return strokes of the wiper cycle. Thus, as you stated in your letter, "the vision areas are fulfilled only in the sum of forward and return movement." You asked whether that is permissible under Federal Motor Vehicle Safety Standard (FMVSS) No. 104, Windshield Wiping and Washing systems (copy enclosed), and if so, whether the minimum frequencies specified by FMVSS 104 apply to this wiper system. As explained below, the answer to both questions is yes.

The essential feature of a windshield wiper system, from a safety standpoint, is its ability to clear a specific portion of the windshield. The number of wipers necessary to provide the driver with a sufficient field of view is not specified in FMVSS 104. Therefore, the number of wipers is immaterial so long as the minimum percentages of critical areas are cleared.

The areas to be wiped are specified in paragraphs S4.1.2 and S4.1.2.1 of the standard. S4.1.2 establishes three windshield areas for passenger car windshields, designated as areas "A," "B," and "C." Each area is required to have a certain percentage of the glazing area wiped as shown in Figures 1 and 2 of SAE Recommended Practice J903a, May 1966 (copy enclosed), using the angles specified in Tables I, II, III, and IV of FMVSS 104, as applicable. Those tables apply to passenger cars of varying overall widths, namely, from less than 60 inches to more than 68 inches. The angles set forth in the tables vary according to the overall width of the vehicle. Finally, paragraph S4.1.2 provides that the percentage of each area required to be cleared must also be within the area bounded by a perimeter line on the glazing surface one inch from the edge of the daylight opening.

With that background in mind, I will address your first question. FMVSS 104 does not specify whether the wiper needs to clear a windshield on either or both strokes. SAE Recommended Practice J903a, at paragraph 2.5, however, defines an effective wipe pattern as "that portion of the windshield glazing surface which is cleaned when the wiper blade travels THROUGH A CYCLE) (emphasis added). A "cycle" is defined in paragraph 2.14 of SAE Recommended Practice J903a as consisting of "wiper blade movement during system operation from one extreme of the windshield wipe pattern to the other extreme AND RETURN" (emphasis added). It is NHTSA's opinion, therefore, that so long as the required windshield area is cleared by your wiper in a complete cycle, the

requirements of paragraphs S4.1.2 and S4.1.2.1, FMVSS 104, have been met.

As indicated above, your wiper system must comply with the minimum frequencies specified in section S4.1.1, Frequency, of FMVSS 104. That section requires that each windshield wiping system must have at least two frequencies or speeds. One must be at least 45 cycles per minute (cpm), regardless of engine load and speed. The other must be at least 20 cpm, also regardless of engine load and speed. In addition, the difference between the higher and lower speeds must be at least 15 cpm, regardless of engine load and speed. There are no exceptions to these frequency requirements, regardless of the number or design of the wiper arms comprising the system.

Your letter did not indicate whether your wiper system is designed to be used on passenger cars or motor vehicles other than passenger cars, or both. Please note that section S2 of FMVSS 104, Application, provides that the standard applies to multipurpose passenger vehicles, trucks, and buses in addition to passenger cars. All those vehicles are required to have power-driven windshield wiping systems that meet the frequency requirements of section S4.1.1. The wiped area requirements of S4.1.2, however, apply only to passenger cars.

I hope this information will be helpful to you. Should you have any further questions or need any additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.