ID: nht74-5.11

DATE: 03/07/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Kirkland; Ellis & Rowe

TITLE: FMVSR INTERPRETATION

TEXT: We have reviewed the revised defect notification letters in International Harvester campaigns number 73505, 73503, 73511, 73513, G-73520 and G-73521 which you forwarded to us. We believe these revised letters conform to 49 CFR Part 577. However, we believe the letters in campaigns 73505, 73513, and 73521, which involve an accelerator problem, should, in response to the requirements of @ 577.4(c)(4), include some guidance as to how the driver can stop the vehicle.

While we find the letters you submit to conform to the requirements, we are of the opinion that, in general, the format you use to describe the defect (577.4(c)) goes little further than meeting the regulation's literal requirements. We suggest you review the letters we have received from other companies in order to obtain an indication of other, more complete approaches to meeting the requirements. While we had indicated that we might furnish you specific letters as examples, we prefer not to recommend any specific letter as a model or to imply that it is preferable to others.

SINCERELY,

2/14/74

From the Desk of

Bert W. Rein

Per our conversation of yesterday.

IH Recall No. 73505

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the vehicle identified on the enclosed form. This defect exists in the carburetor control linkage fast idle cam retaining screw. The screw can loosen and fall out, dislodging the fast idle cam. Any loss of fast idle (engine cold) would be a sign of this screw loosening.

If the cam becomes jammed in the throttle linkage, it can stick the throttle linkage up to one-half open thus preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take 0.4 hour to replace this retaining screw. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73503

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety in the 1010 pickup truck with power brakes exists in the vehicle identified on the enclosed form. The defect exists in a low percentage of the vehicles produced but its existence may not be apparent to the average driver.

The defect is the installation of the wrong vacuum power booster master cylinder assembly (one intended for disc brakes) which results in the brakes seemingly acting normal but which may leave the brake pedal somewhat lower than normal. Without prior warning to the driver, substantial loss of stopping ability may be experienced and, in beyond normal braking situations where rapid stops are required, vehicle crash can occur.

We request that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle inspected and the correct power brake unit (master vac) installed, if needed. Dealers and branches have the instructions for correcting this defect. We estimate that parts will be available at dealers and branches by .

It is estimated that it will take 1.3 hours to replace the unit. There will be no charge to you for parts and labor involved. Presentation of notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73511

Dear International Customer: This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the Loadstar truck identified on the enclosed form. The defect is the installation of a gas tank filler cap which does not have a pressure and vacuum relief. Should the vehicle become upset and involved in a fire, the absence of pressure and vacuum relief could cause explosion from excess pressure in the gas tank.

We urge you to contact your International dealer or branch immediately and have a new gas tank filler cap installed. Dealers and branches have the instructions for correcting this defect. We estimate that parts will be available at dealers and branches by .

It is estimated that it will take 18 minutes to replace the gas cap. There will be no charge to you for parts and labor involved. Presentation of notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. 73513

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the Travelall or pickup truck equipped with a V-400 engine identified on the enclosed form.

The defect exists in the idle screw which acts as the rest stop for the throttle linkage determining the idle speed (engine hot). The screw may back out by itself in normal use and can interfere with the throttle linkage, sticking it in an open position and preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without prior warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take 30 minutes to replace this curb idle screw. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. G-73520

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the diesel powered Loadstar identified on the enclosed form. This defect pertains to the accelerator pedal and, specifically, the pin located above the heel of the accelerator pedal, lower side. This pin may catch on the engine cover or carpet and cause the throttle to hold in the open position preventing the driver from decreasing vehicle speed by reducing accelerator pressure. The malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have this pin removed from your vehicle. Dealers and branches have instructions for correcting this defect. No additional parts are required.

It is estimated that it will take 30 minutes to remove this pin from the vehicle. There will be no charge to you for labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the required information on the enclosed postage prepaid card and return it to us. Thank you.

IH Recall No. G-73521

Dear International Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

International has determined that a defect which relates to motor vehicle safety exists in the D-500 vehicle identified on the enclosed form. This defect pertains to the vacuum hoses supplying vacuum to the power brake unit (Master-Vac) or vacuum reserve tank if so equipped. These hoses should be double wrap hoses but, inadvertently, single wrap hoses were installed. These weaker single wrap hoses may collapse and thus cause total loss of braking power assistance from the power brake unit. Loss of the power brake unit may reduce total braking efficiency by up to 60% and loss of this assistance will require much greater brake pedal effort to effect a stop. This malfunction may occur without warning and can cause vehicle crash.

We urge that you contact your International dealer or branch immediately to arrange an appointment to have your vehicle corrected. Dealers and branches have instructions for correcting this defect. Parts are available at dealers and branches.

It is estimated that it will take an average of 40 minutes to replace these hoses. There will be no charge to you for parts and labor involved. Presentation of this notification and the enclosed Customer Authorization for Required Service form to your International dealer or branch will assist him in completing the necessary service.

INTERNATIONAL HARVESTER COMPANY

IMPORTANT: In the event you no longer own the vehicle described, please fill in the requested information on the front side of the enclosed postage prepaid card and return it to us. Thank you.

ID: nht73-6.10

DATE: 12/04/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Explorer Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your recent undated letter asking for Federal "safety specifications" that would apply to your three-wheeled motorcycle when it is licensed for use on the public roads.

The Federal motor vehicle safety standards that apply to motorcycles and their effective dates are: No. 103, Lamps, Reflective Devices, and Associated Equipment (January 1, 1969); No. 122, Motorcycle Brake Systems (January 1, 1974); and No. 123, Motorcycle Controls and Displays (September 1, 1974). These standards are found in Title 49, Code of Federal Regulations, Part 571. Under Part 567 a manufacturer of motor vehicles must affix a certification label to each product stating, among other things, that it meets all applicable Federal standards. This is the "sticker" to which you refer. As a manufacturer, Explorer is also subject to other regulations. I enclose an information sheet telling where you may obtain all these regulations.

I do not know the "Pace Setter III" that you refer to, but the Department does not "approve" vehicles for licensing. All that is legally required is that a manufacturer build and certify vehicles that conform to all applicable Federal safety standards. No Federal approval is necessary or given.

We have recently adopted a redefinition of "motorcycle" effective September 1, 1974. Three-wheeled motor vehicles that do not have both "a handlebar for steering and a seat that is straddled by

2 the driver" will no longer be classified as "motorcycles" effective September 1, 1974. Since the Explorer has both handlebars and a seat that is, in our view, straddled by the driver when his feet are on the foot rests, it remains a motorcycle under the new definition.

ENC.

EXPLORER, INC.

Gentlemen:

We are in the process of trying to get our three-wheel motorcycle licensed for the road. It seems that each state requires that they pass federal safety specifications. We would like to know how to find out what they are and have it tested at your convenience to prove that it does meet federal standards.

I understand that when a three-wheel motorcycle can be licensed, a sticker must be attached stating that it is designed for the road and meets all federal safety standards.

The EXPLORER 800R model recently has been licensed for the road in the state of Michigan. As you can see by the enclosed pictures, it has brakes on all three wheels, headlamp with high and low beam indicator light, turn signals, electric horn, brake and tail lamp, rear view mirror, and is powered by a 12 volt battery.

I understand that you recently approved the "PACE SETTER III" to be licensed for the road. We feel that the EXPLORER more than meets the safety requirements needed, and would like to prove this to you as soon as possible.

Any help you can give us to expedite this matter would be greatly appreciated.

Sincerely,

Paul Marenda, Vice-President

P.S. Please send a copy of the federal requirements to EXPLORER ILLINOIS CORPORATION. 106 W. St. Paul St., Spring Valley, Illinois 61362

ID: aiam4836

"Dear Ms. Lombardi: This is in reply to your letter of February 14 l99l, asking for an opinion on kit cars. Specifically, military and DOD civilian employees stationed on the Philippines 'frequently purchase automobiles which are composites of old chassis and engines, of U.S. manufacture, and new bodies and interiors, fabricated and attached to the chassis by local Filipino car shops. Normally, the chassis and engines were not taken abroad by the importers, but were purchased in the Philippines from other sources. In most cases the chassis are said to have been manufactured prior to January 1, l969.' You have asked which DOT regulations apply to these automobiles, those applicable to the year the chassis was manufactured, or those applicable to the year the body was attached. This is a question of first impression with us. Under the opinions of this Office relating to the National Traffic and Motor Vehicle Safety Act, if a person meeting the definition of a 'manufacturer', 'distributor', 'dealer', or 'motor vehicle repair business' removes a body from the chassis of a motor vehicle and installs a new one, the resulting vehicle must continue to meet the Federal motor vehicle safety standards that were in effect at the time that the vehicle was originally manufactured. If a person other than the above installs the new body, the vehicle is simply a used vehicle to which no Federal motor vehicle safety standards are applicable (but which must meet State standards for vehicle registration). However, these interpretations apply only to modifications that occur within a 'State' as defined by the Act. The Philippines is not included in the definition of 'State.' Where such modifications have occurred outside a 'State', and the modified vehicle is offered for importation into the United States, the vehicle is treated under the importation regulations (49 CFR Part 591) as a used vehicle which must be brought into conformity with Federal safety and bumper standards in effect at the time of its manufacture. We regard the date of manufacture of the original vehicle (i.e., chassis) as the appropriate date, because it may not be feasible to conform the assemblage to vehicle standards in effect at the later date on which the body was manufactured. If the original vehicle were manufactured before January 1, l968 (the effective date of the original safety standards), then no Federal motor vehicle safety standards apply to the vehicle. I must add an important caveat here. There are two types of Federal motor vehicle safety standards: those that apply to the vehicles as a whole (such as the so-called crash standards), and those that apply to individual equipment items. The equipment standards apply regardless of the date of manufacture of the vehicle. Thus, the tires, brake fluid, brake hoses, glazing, seat belt assemblies, and lamps and reflectors on any modified vehicle imported into the United States must meet the standards in effect at the time the items were manufactured, regardless of whether the modified vehicle must meet the Federal safety standards applicable to vehicles. I must also add two other caveats. The Imported Vehicle Safety Act of l988, which has been implemented by 49 CFR Parts 591-594, forbids the importation of a vehicle not originally manufactured to conform to the Federal motor vehicle safety standards (e.g., this would apply to an assemblage of a new body placed upon a chassis manufactured on or after January 1, l968) unless this agency has determined that the vehicle is capable of modification to comply with all applicable safety standards. This determination is made pursuant to a petition submitted by a 'Registered Importer,' who will undertake to conform the vehicle if a favorable determination is made. The second caveat is that the owner can import the vehicle only if (s)he has a contract with a Registered Importer to perform conformance work. However, there is a limited exception to the two caveats of the preceding paragraph. They do not apply to any vehicle that will be imported into the United States on or before October 31, l992, if its importer owned the vehicle (or had a contract to acquire it) before October 31, l988, was employed outside the United States at all times between those two dates, and had never before imported a nonconforming motor vehicle. Under this exception, the owner may import the vehicle without the necessity of a determination or the intervention of a Registered Importer. (S)he must then bring the vehicle into compliance with all applicable Federal motor vehicle safety and bumper standards, and present evidence of conformance to this agency. Under any circumstances of importation of a noncomplying vehicle to be conformed, its owner must acquire a performance bond to ensure that the work is, in fact, completed. If you have any further questions, we shall be pleased to answer them. Sincerely, Paul Jackson Rice Chief Counsel";

ID: 1982-3.25

TYPE: INTERPRETATION-NHTSA

DATE: 11/26/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Fowler-Finch, Inc

TITLE: FMVSS INTERPRETATION

TEXT:

NOV 26 1982

NOA-30

Ms. Joann Stewart Account Representative Fowler-Finch, Inc. P.O. 63 New Lebanon Center, N.Y. 12126

Dear Ms. Stewart:

This responds to your recent letter asking whether the automatic belt systems in 1979 and 1980-model Volkswagens qualify as a "passive restraint system" under Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. You need this information to determine if one of your insureds can obtain the discount your company offers for automobiles equipped with passive restraints.

The answer to your question is yes. The Volkswagen automatic belt system qualifies as a passive restraint. The agency has stated that a "passive restraint" is a system that requires no action by vehicle occupants in order to obtain protection. The Volkswagen passive belt automatically surrounds the vehicle occupant without any action on the occupant's part other than closing the vehicle door (i.e., the occupant does not have to touch the belt system). Therefore, the Volkswagen belts you mentioned in your letter are passive restraints, and whether the systems are offered as standard or optional equipment is irrelevant.

I hope this answers all your questions. If you require any further information, please contact Hugh Oates of my staff (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel October 20, 1982

Department of Transportation 400 7th Street S.W. Washington, D.C. 20590

ATTN: STEPHEN WOOD, ESQ.

Dear Mr. Wood:

I am an Account Representative for the Fowler-Finch Ins. Agency. One of my insureds has recently inquired about the discount available for automobiles equipped with a "Passive Restraint System". In checking with the insuring company they do not have a clear cut definition or description of what this system is, but only that it must meet the Published Federal Safety Standards. I have contacted the automobile dealer whom the insured has purchased both of his vehicles from and they suggested that I write to Customer Assistance, Volkswagen of America, Inc. of Englewood Cliffs, NJ. I have attached a copy of their return correspondence.

Now I am turning to you for the information which I need. In order to be able to offer this insured the credit for the Passive Restraint System the insuring company is requesting some form of written confirmation that this insured's vehicles Passive Restraint System does or does not meet these mandatory standards.

The vehicles which I am referring to are:

1. 1980 Volkswagen 2 door custom hatchback (v.i.n. # 17A0793616) 2. 1979 Volkswagen 4 door Deluxe hatchback (v.i.n. # 1793850401)

On the 1979 model, the Passive Restraint System was a standard feature; however on the 1980 model the insured requested it as an optional feature and was charged for it.

Would you please help me to determine if these are recognized as meeting the Published Federal Safety Standards? I have enclosed a self-addressed envelope for your convenience and anxiously await your prompt response.

Thank you very much for your help and cooperation.

Sincerely,

Account Representative Enclosure (1)

October 4, 1982

Ms. Stewart Fowler-Finch, Inc. P.O. Box 63 New Lebanon Center, NY 12126

Re: Your letter of September 22, 1982

Dear Ms. Stewart:

In reply to your letter I am enclosing an abstract of a computer printout which is annotated to indicate which codes show that the subject vehicles were equipped with the Volkswagen Passive Seat Belt System.

I am enclosing a copy of Std 208 taken from the CFR. This standard indicates the criteria which a passive belt system must meet to show conformance. Sections particularly applicable have been highlighted.

The government agency which establishes the standards and is responsible for enforcement is the proper party to contact with regard to any system meeting the standard. As I stated on the telephone, the address is:

Department of Transportation 400, 7th Street S.W. Washington, DC 20590 Attn. Stephen Wood, Esq.

Standard 208 is a performance standard in that certain testing criteria must be met but specific hardware to meet this criteria is not specified. The Volkswagen Passive Belt System consists of a belt attached between a specific seat anchorage and the door and a knee bar installed in a specific vehicle model. the Volkswagen Rabbit. It is designed to allow entrance and exit from the vehicle without detachment of any part of the system. I have enclosed a portion of the owners manual which describes the operation of the system.

Volkswagen has produced vehicles with the Automatic Belt System since 1975. I trust that this may help answer your questions.

Sincerely,

VOLKSWAGEN OF AMERICA, INC.

G. Salser Engineer Technical Services

GS/v. No. Encl.

ID: nht73-3.33

DATE: 02/22/73

FROM: AUTHOR UNAVAILABLE; C. A. Baker for E. T. Driver; NHTSA

TO: Morino and Moore

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 1 to Mr. B.M. Crittenden, Regional Administrator, concerning emergency flashers.

Effective January 1, 1969, all new automobiles were required to meet Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment," which in turn required the vehicular hazard warning signal operating unit to meet Society of Automotive Engineers Standard J910, January 1966. Prior to January 1, 1969, automobile were required to meet the standards and regulations of the individual States. Since New York required hazard warning signals (4-way flashers) in 1966, most automobiles manufactured for sale throughout the United States were similarly equipped.

SAE J910 did not contain requirements relating the activation of the signal to the position or rotation of the steering wheel. Several States prohibited the operation of the subject signal on a moving vehicle; therefore, on many cars, this signal was cancelled by the rotation of the steering wheel, and consequently could not be activated even with the vehicle stopped with the steering wheel in certain positions.

We are unaware of similar complaints on the activation of the hazard warning signals.

ID: 24473.drn

J. C. Powell, Esq.
Powell & Majestro PLLC
405 Capitol Street, Suite P-1200,
P.O. Box 3081
Charleston, WV 25331

Dear Mr. Powell:

This responds to your letter to Stuart Seigel, Safety Compliance Engineer at the National Highway Traffic Safety Administration (NHTSA), requesting written confirmation that there is no "Federal Regulation requiring manufacturers to equip manual transmission vehicles with a starter interlock, also known alternatively as a neutral safety switch, starter safety switch, clutch safety switch, and clutch pedal position switch." Since you are asking for a legal opinion with respect to the Federal Motor Vehicle Safety Standards (FMVSSs) (49 CFR Part 571), I am responding on Mr. Seigels behalf. Your understanding that no FMVSS requires a starter interlock for manual transmission vehicles is correct.

As you are aware, Standard No. 102, Transmission shift lever sequence, starter interlock, and transmission braking effect (49 CFR 571.102), applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. Standard No. 102 specifies the requirements for the transmission shift lever sequence, a starter interlock, and for a braking effect of automatic transmissions, to reduce the likelihood of shifting errors, starter engagement with vehicle in drive position, and to provide supplemental braking at speeds below 40 kilometers [25 miles] per hour.

Paragraph S3.1.3 specifies a starter interlock only for vehicles with automatic transmissions. Standard No. 102 specifies requirements for manual transmission vehicles at paragraph S3.2 Manual transmissions. Paragraph S3.2 does not include a requirement for starter interlocks.

Please note that Standard No. 102 has never included a requirement for starter interlocks on manual transmission vehicles. Hence, in 1989 and in 1990, there was no manual transmission starter interlock requirement in Standard No. 102.

I hope this information is helpful. If you have any questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,
Jacqueline Glassman
Chief Counsel
ref:102
d.6/26/02

ID: aiam0733

Dear Mr. Walker: This is in reply to your letter of April 17, 1972, inquiring as to you responsibilities for the Certification of two types of vehicles you manufacture. In the first, you mount a winch behind the cab of the truck. The vehicles are then delivered to the Louisiana Highway Department who complete them by adding a fifth wheel and a tail roller. In this set of circumstances, we would consider you to be an 'intermediate manufacturer', subject to the requirements of section 568.5 of the 'Vehicles Manufactured in Two or More Stages' regulations, a copy of which is enclosed.; The second operation you perform is mounting front winches on pick-u trucks. The NHTSA has taken the position that manufacturers such as you who merely add equipment to already completed vehicles may retain that vehicle's certification and need not recertify. However, if you cause the vehicle not to conform to any motor vehicle safety standard, you will be in violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)) and may be subject to civil penalties.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: nht88-3.16

TYPE: INTERPRETATION-NHTSA

DATE: 08/26/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: J. MARK SMITH -- LYNCO PRODUCTS

TITLE: NONE

ATTACHMT: MEMO DATED 11-3-87, TO NHTSA, FROM J. MARK SMITH -- LYNCO PRODUCTS, OCC-1246

TEXT: This responds to your letter concerning the application of Federal safety standards to your manufacture of a "storage console-armrest." I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is de signed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new moto r vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicl e Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information pro vided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of "aftermarket" equipment. However, under Federal law you are considered a manufacturer of mot or vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly descr ibes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor

vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, ins tallation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation.

A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard N o. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occu pant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests spec ified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer.

Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your consol e-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information.

Section 108(a)(2)(A) of the Safety Act specifies that 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 in compliance with an appli cable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For exam ple, the flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a console-arm rest that does not comply with Standard No. 302 in a new or used motor vehicle since to do so would render inoperative that element of design, and thus violate $ 108(a)(2)(A) of the Act. Section 109 of the Act specifies a civil penalty of up to $ 1,000 for each violation of $ 108.

In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and f lammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite s afety components or designs with Federal safety standards. Individual owners, however, are not covered by @ 108(a)(2)(A) and may

themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves.

I hope this information has been helpful. Please feel free to contact us if you have further questions.

ENCLOSURES

ID: 2891o

Mr. J. Mark Smith
Lynco Products
815 Kelli Drive
Yuba City, CA 95991

Dear Mr. Smith:

This responds to your letter concerning the application of Federal safety standards to your manufacture of a "storage console-armrest." I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is designed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of "aftermarket" equipment. However, under Federal law you are considered a manufacturer of motor vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, installation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation.

A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard No. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occupant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests specified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer.

Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your console-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information.

Section 108(a)(2)(A) of the Safety Act specifies that 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 in compliance with an applicable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For example, the flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a console-armrest that does not comply with Standard No. 302 in a new or used motor vehicle since to do so would render inoperative that element of design, and thus violate 108(a)(2)(A) of the Act. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108.

In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by 108(a)(2)(A) and may themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves.

I hope this information has been helpful. Please feel free to contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:201#302 d:8/26/88

ID: nht95-4.72

TYPE: INTERPRETATION-NHTSA

DATE: November 9, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Randall Townley -- Statewide Coordinator, The University of Georgia, Cooperative Extension Service

TITLE: NONE

ATTACHMT: 8/8/95 letter from Randall Townley to Office of Chief Council, NHTSA (OCC 11181)

TEXT: This responds to your letter of August 8, 1995. Your letter states that you are aware that side-facing bench seats are installed in some vehicles. You asked for an opinion about this issue.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHT SA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards.

NHTSA has issued only one regulation that would prohibit side-facing seats. Standard No. 222, School Bus Passenger Seating and Crash Protection, requires passenger seats in school buses to be forward-facing. For all other seats in various vehicles, NHTS A's regulations neither prohibit nor require any orientation. Therefore, any orientation is permitted provided that the seat and vehicle comply with all applicable standards.

I hope this information has been helpful. If you have other questions or need some additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.