ID: aiam5515

"Dear Mr. Haenchen: This responds to your letter of March 6, 1995 asking for an interpretation of the license plate requirements of Standard No. 108. SAE J587 OCT81 is the SAE standard that has been incorporated by reference into Standard No. 108 for license plate lamps. You ask for confirmation of your interpretation that 'paragraph 6.1 of SAE J587, which relates solely to the mounting angle of the license plate and not to the performance of the license plate lamp, is not included in the requirements of FMVSS 108.' This paragraph requires that, when the license plate lamp is mounted on the vehicle, the angle between the plane of the license plate and the plane on which the vehicle stands will be 90 degrees plus or minus 15 degrees. You believe that 'license plate mounting for visibility is a matter of concern for State law enforcement agencies and Volkswagen is not aware of any State laws that make reference to SAE J587 or that specify the mounting angle of the license plate.' However, you acknowledge 'that paragraphs 6.5 and 6.6 of SAE J587 specifying the angle of incidence of the lamp to the plate at a minimum of 8 degrees is part of FMVSS 108 and is intended to assure that the lamp illuminates the license plate.' You believe 'that a design which meets the 8 degree requirement and in which the plate is mounted so as to be clearly visible to an observer at the rear of the vehicle meets the intent and requirements of State laws and FMVSS 108, even if the angle of the plate itself is 15 degrees from the vertical.' We cannot agree with your interpretation. Tables I and III have incorporated SAE J587 in its entirety, and there is no exclusion of paragraph 6.1 in Standard No. 108. To be sure, a plate may continue to be visible when it is mounted more than 15 degrees from the vertical, but the 15 degree limitation of paragraph 6.1 is necessary to ensure its legibility as well. The fact that the States and the Uniform Vehicle Code are silent on the point is legally irrelevant. If a State has a license plate mounting requirement, 49 U.S.C. 30103 requires it to be identical to the Federal requirement. If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263). Sincerely, Philip R. Recht Acting Chief Counsel";

ID: aiam5178

Dear Mr. Ruegg: This responds to your letter of March 27, 1993, to Mr Eisner of the General Counsel's Office of the Department of Transportation (DOT). You intend to import 'car parts' into the United States, and would like to know 'the legal definition of a vehicle that comes within the scope of D.O.T. regulations'. You assume that 'a part such as fender or other body parts do not.' You have asked this question because some individual parts may arrive as part of assemblies, such as 'chassis and body assembly or perhaps chassis and body plus front & rear axle transmissions.' The National Highway Traffic Safety Administration (NHTSA) is the component of DOT that regulates the importation of motor vehicles and motor vehicle equipment, principally through the National Traffic and Motor Vehicle Safety Act and regulations issued under its authority such as the Federal motor vehicle safety standards (FMVSS). Each part or component of a motor vehicle is motor vehicle equipment subject to NHTSA's jurisdiction. The Act requires that motor vehicle equipment, whether new or used, meet all applicable FMVSS in order to be imported into the U.S. Some of the FMVSS apply to items of motor vehicle equipment. Thus, whether shipped separately or as part of an assembly, equipment such as brake hoses, tires, brake fluid, rims for vehicles other than passenger cars, glazing, seat belt assemblies, and wheel covers must comply in order to be admitted into this country. As your question implies, there is a point at which an assemblage of motor vehicle equipment becomes a 'motor vehicle'. An assemblage becomes an 'incomplete motor vehicle' subject to regulation as a vehicle manufactured in two or more stages (49 CFR Part 568) when it consists, at a minimum, of 'frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent those systems are to be part of the completed vehicle, that requires further manufacturing operations . . . to become a completed vehicle (Sec. 568.3).' As the intention is to import the vehicle without the electric power train, the assemblage you contemplate is not a 'motor vehicle' and remains an assemblage of motor vehicle equipment whose individual components, as noted in the preceding paragraph, are required to comply with the applicable FMVSS. Your letter informs us that ' t hese parts and partial assembly's (sic) would be sold as kits for conversion to electric vehicle.' When the power train is added, the person completing the manufacture of the vehicle is considered to be its manufacturer, required to certify compliance with all applicable FMVSS. If you have any further questions, we would be pleased to answer them. Sincerely, John Womack Acting Chief Counsel;

ID: aiam5473

Dear Mr. Irvine: This responds to your letter asking whether a newl manufactured commercial utility trailer must be equipped with an emergency breakaway system. You state that your customer wishes to purchase a trailer without the battery powered breakaway system that comes with the trailer. Instead, you would like to install your solar energized breakaway system. In a December 7, 1994 telephone conversation with Mr. Marvin Shaw of my staff, you stated that the trailers in question are typically small utility trailers that do not rely on the use of air pressure. I am pleased to have this opportunity to explain the applicable requirements issued by this agency, the National Highway Traffic Safety Administration (NHTSA). You may also wish to request an interpretation of 49 CFR 393.43 from the Federal Highway Administration (FHWA), which is the agency that issued that regulation. By way of background information, NHTSA and FHWA are both part of the United States Department of Transportation. Each agency has the authority to issue regulations related to your question. NHTSA, which regulates newly manufactured vehicles, has the authority to issue Federal motor vehicle safety standards (FMVSS) which apply to new motor vehicles and new items of motor vehicle equipment. FHWA, which regulates the use of commercial motor vehicles, has the authority to issue Federal Motor Carrier Safety Regulations (FMCSRs), which are applicable to commercial motor vehicles and their operators. We have referred your letter to the Federal Highway Administration's (FHWA) Office of Motor Carrier Standards, since that agency issued 49 CFR 393.43. While NHTSA has the authority to issue FMVSSs, the agency has not issued any FMVSS that would directly affect the braking performance of a small utility trailer, unless the trailer relies on air pressure. Therefore, if the trailers in question are not air braked vehicles, then you would not need to certify that such a trailer's braking performance complies with an FMVSS, since no applicable FMVSS exists. Please note that your solar energized trailer breakaway system would be considered 'motor vehicle equipment' within the meaning of the statute administered by NHTSA. If this system contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, the manufacturer would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. If you wish to contact someone in the FHWA's Office of Chief Counsel concerning the motor carrier standards, please call Charles Medalen at (202) 366-1354. Sincerely, Philip R. Recht Chief Counsel;

ID: aiam0403

Dear Mr. Eckhold: This is in reply to your letter of March 26, 1971, raising question concerning Federal Motor Vehicle Safety Standard No. 302 that were initially asked by Ford at a meeting held with Administration representatives on March 9, 1971. Since the time of your letter, as you know, the Administration has proposed an amendment to the standard to clarify the requirements for separate and composite materials and one aspect of the test procedure. As the Administration intends that this proposal become effective on the standard's present effective date of September 1, 1972, our answers to your questions are based, where appropriate, on the proposed amendment as well as the present text of the standard.; We have restated your questions below, and have modified the answer you have provided where appropriate.; >>>1. What interior parts are covered by this standard . . .<<< A list of components which we believe to be included is attached. Your statement that ' . . . parts specifically named in the standar (are) included, as well as padded or crash-deployed elements designed to absorb energy in a crash' is incomplete, as it limits energy-absorbing elements to only padding or crash-deployed elements. S4.1 of the standard refers to padding and crash-deployed elements only as examples of energy-absorbing elements.; With reference to the list of components you have provided, it i difficult to determine without the exact configuration of each component whether it is subject to the standard's requirements. However, based upon the literal wording of S4.1, of those items you have listed, the following are specifically subject to the standard: arm rests (seat mounted) including pad and base, arm rests (door or trim panel mounted) including pad and base, package tray trim panels, truck rear compartment shelves, convertible backlight curtains, truck rear compartment curtains, floor carpeting including backing and sound deadener, floor mats, seat cushion and (seat) back pads, seat cushion and (seat) back covers, including threads and welts, window shades, convertible tops, engine compartment covers, headlining, head restraints, truck mattress covers, seat belts and shoulder harness, webbing and seat belt covers, sun visors, trim panels, including door, front, rear, side, station wagon cargo, and cowl side trim panels.; The following items that you have listed are not specificall enumerated in S4.1 of the standard, but apparently closely resemble or are merely different descriptions of items that are enumerated. If so they are subject to the standard: Exposed instrument panel package shelves, pillar covers, roof console, scuff plates, ash tray covers, storage boot for convertible tops, glove compartment box if not covered by door, and glove box doors (instrument panel or console).; The following components that you have listed, depending on thei actual configurations, would quite possible be covered under the language 'any other materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.' Some components previously listed are repeated here, as they may fall within more than one category: instrument panel crash pads, crash- deployed elements (air bags and air bag-deployment doors), steering wheel pad assembly, hub emblem, cover assembly, emblem assembly, horn-blowing assembly, button assembly, and buttom (sic) assembly medallion, glove compartment doors, and ash try covers.; The following item would also be included as it is incorporated into surface or component that is subject to the requirements of S4.1: radio speaker grilles on doors or package tray trim panels.; We do not know the nature of the following components, and offer n opinion concerning whether they must meet the requirements: dash insulators, truck floor heat deflectors, door and quarter watershields, if exposed, and truck heater cover when mounted on engine cover.; The information provided above is based solely on the list provided and does not apply to any interior component that is not listed. Furthermore, we offer no opinion as to whether this list is exhaustive with regard to interior components, and point out that other components that are not listed may have to comply with the standard's requirements.; >>>2. Should seat welts be tested as loose pieces or attached t covers?<<<; Seat welts are considered part of the seat cover and should be teste as part of the seat cover.; >>>3. How is a part which is less than the specified size for a sampl to be tested?<<<; A part smaller than the specified sample size should be tested usin the thin, heat-resistant wires described in S5.1.3.; >>>4. A foamed-in-place trim panel could have several burn rate result because of varying shapes and thickness. How should samples be taken for testing?<<<; The sample should be chosen so that it will produce the most advers result when tested to the standard's requirements.; >>>6. Some package tray trim panels may include speaker holes or grill cloth in localized areas. How should the sample be taken for testing?<<<; The speaker grille cloth should be tested separately from the tri panel material.; >>>7. A given seat cover may employ several different kinds o material. Should all variations be tested?<<<; Yes. The requirements of the standard must be met by each variation i the materials.; >>>8. Are sewing threads considered surface materials?<<< Any material that contains threads that are used in sewing it t another should be tested with the threads as they appear in the material.; >>>9. Does bonded mean all methods of adhering materials?<<< The use of the term 'bonded' is intended in the sense that th materials adhere to each other at every point of contact. The proposed amendment eliminates the use of this term.; >>>10. Does underlying material refer only to the layer immediatel beneath the surface cover?<<<; No. It applies to all materials beneath the surface material. There i no depth limitation. The half-inch specification refers only to maximum sample thickness of S5.2.1.; >>>11. Paragraph S4.2(b) describes a composite. If a component is onl partially bonded should the composite be tested or individual parts.<<<; For purposes of the standard you have described two components, on that is bonded, and one that is not. Both must meet the standard's requirements.; >>>12. When padding materials are not bonded to surface materials, bu are bonded to substrate boards, are they considered as composite or separate pieces. The sun visor . . . was discussed as an example.<<<; Under both the present and the proposed wording of S4.2, an underlyin material that is not bonded to surface material would be treated as a separate material even if it is bonded or similarly attached to another underlying material. However, surface materials include more than the exposed surface of the vehicle interior. They include as well any undersurface, such as in certain vehicle seats or package shelves. In some cases, therefore, a substrate board may be a surface (undersurface) material, and thus be required to meet the requirements for surface materials. With reference to the sun visor, a sample of which was left with us, it should be treated as a component having two surfaces. The interior materials should be treated as underlying padding or cushioning material.; >>>13. Paragraph S5.1.3 calls for the use of support wires if errati burning results. At what point should this be done?<<<; The statement, 'NHTSA believes that support wires will not influenc the results' is correct, and the manufacturer may use the support wires whenever he wishes. Erratic burning includes, but is not necessarily limited to, burning at a non- uniform rate.; >>>14. Paragraph S5.2.1 -- Should samples from contoured, foame assemblies be cut so that a uniform 1/2 inch thickness results?<<<; We believe that samples of uniform thickness are preferable to thos that are not. The standard requires only that the specimen not exceed 1/2-inch thickness at any point.; >>>15. Paragraph S5.2.2 -- Is warp and fill testing for yard good adequate or should bias testing be conducted?<<<; The sample should be tested so as to produce the most adverse results. >>>16. Paragraph S5.3(d) -- Should flame be removed or shut off afte beginning of the test?<<<; While not specified in the standard, we are of the opinion tha shutting off the flame is preferable to withdrawal of the burner as the former will produce less change in the ambient conditions inside the test cabinet.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Acting Chief Counsel

ID: aiam3080

Dear Mr. Lynch: This responds to the questions you raised with Ms. Debra Weiner of m office when you telephoned on June 19 with regard to your intention to establish a business for the manufacture of 53.6 gallon replacement gasoline tanks and for the installation of these tanks in used Cadillac limousines. You specifically asked what Federal law is applicable to your proposed activities and whether any Federal law establishes a maximum allowable capacity for gasoline tanks.; The National Traffic and Motor Vehicle Safety Act of 1966, as amende (the Act) authorized the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards (FMVSS's) applicable either to entire vehicles or to equipment for installation in vehicles. FMVSS 301-75, *Fuel System Integrity*, (see enclosed copy) is a vehicle standard applicable to passenger cars and other vehicles which requires that fuel spillage occurring during and after any crash of the vehicle into a fixed or moving barrier not exceed established limits. As explained below, this standard indirectly affects both the installation and manufacture of replacement gasoline tanks.; Section 108(a)(2)(A) of the Act prohibits certain entities and person from knowingly removing, disconnecting, or reducing the performance of equipment or elements of design installed on a vehicle in accordance with applicable FMVSS's. Specifically, the section provides:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .<<<; A person or entity found to have violated this section would be liabl for a civil penalty of up to $1,000 for each violation. (Section 109 of the Act).; If a person or entity listed in section 108(a)(2)(A) removes th original gasoline tank from a used vehicle and installs a replacement tank, the section is violated unless the performance (as defined by FMVSS 301-75) of the replacement tank equals or exceeds the performance of the original tank. To determine the relative performance of the replacement tank, a number of issues would have to be examined, including the quality of the replacement tank, the connection of the tank with the filler pipe and fuel lines to the fuel pump, and the location of the tank with respect to surrounding vehicles structure. For example, if unlike the original tank, the replacement tank were sufficiently near surrounding vehicle structures so that those structures might be more readily pushed against or into the replacement tank and cause a rupture in a collision, the performance of the fuel system would have been impermissibly reduced.; Consequently, as a manufacturer of replacement gasoline tanks, yo could be liable for a penalty under section 108(a)(2)(A) if you replace the gasoline tank in a used Cadillac limousine with one or your tanks, knowing that the performance of the replacement tank as installed would be inferior to that of the original tank.; Please note that should you decide to install your tanks in ne vehicles prior the their first sale for purposes other than resale, you would also be required to certify that the vehicle as altered still complied with all applicable Federal motor vehicle safety standards. Should these provisions become relevant to your business, I would be happy to provide further information.; Sections 151-155 of the Act, which are enclosed, would also apply t your activities as a manufacturer of gasoline tanks. These sections provide that if the agency or you find that your tanks contain a safety-related defect, you would be required to notify purchasers of the hazard and to remedy the defect. Under sections 108(a)(1)(D) and 109(a) of the Act, any person who fails to provide notification of or remedy for a safety defect is liable for a civil penalty of up to $1,000 per violation.; I would like to point out that, in addition to the Federal la discussed above, there may be state products liability law applicable to your proposed activities. As a manufacturer of gasoline tanks you could be liable for their design, materials, manufacture or performance. As an installer of gasoline tanks you could be liable for the manner and location in which the tanks are installed. Therefore, you may wish to consult a local lawyer before starting your new business.; Finally, with respect to your inquiry about maximum allowable capacit for gasoline tanks, neither the National Highway Traffic Safety Administration nor the Department of Transportation as a whole has established such a limit.; I hope that you will find this response helpful. Sincerely, Frank Berndt, Chief Counsel

ID: 571.108 -- Parking Lamp Activation -- Mazda 1-- 17-0655.docx_sig (003)

Mr. David Robertson

Environmental and Safety Engineering

Mazda North America Operations

1025 Connecticut Ave NW, Suite 910

Washington, DC 20036

Dear Mr. Robertson,

This responds to your letter requesting an interpretation of the “steady burning” requirement for parking lamps under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. You ask how the steady burning requirement for parking lamps applies to an optically combined LED parking/turn signal lamp while the turn signal is activated.1

You describe in your letter an optically combined LED parking/turn signal lamp which contains two discrete LED light sources: one that is amber and one that is white. When the LED lamp operates as a parking lamp only, the amber LED is off and the white LED is steady burning.  However, you ask about the permissibility of two alternative ways in which these LEDs could possibly operate once the turning signal is activated. Under the first alternative (“Alternative A”), the amber and white LEDs flash in an alternating pattern. To an observer of Alternative A, the lamp would alternate its color between amber and white for the duration of the turn signal’s activation, then would return to steady-white. Under the second alternative (“Alternative B”), the white LED turns off for the duration of the turn signal’s activation. To an observer of Alternative B, the LED lamp would alternate between amber and “off” for the duration of the turn signal’s activation, then would return to steady-white. This interpretation assumes that your lamp’s LEDs do not fluctuate in intensity while activated.

As explained below, our answer is it would be permissible for an optically combined parking/turn signal lamp to alternate its parking lamp and turn signal lamp LEDs while the turn signal is activated (which is the case under Alternative A), but it would not be permissible for the lamp to completely deactivate the parking lamp LED while the turn signal is activated (Alternative B).

1 We note that, while you originally requested confidential treatment of portions of your interpretation request, you withdrew that request in a subsequent communication with Daniel Koblenz of my staff, so your entire interpretation request is now publicly releasable.

In addition, as explained at the end of this letter, our interpretation about the permissibility of Alternative A applies only to lamps that use LEDs, and not to vehicles using traditional incandescent lamps.

Requirements for optically combined lamps

FMVSS No. 108 governs signal lamp performance. Under S4 of the standard, “optically combined” is defined, in relevant part, as: “a lamp having… two or more separate light sources that operate in different ways, and has its optically functional lens area wholly or partially common to two or more lamp functions.” Because your lamp meets this definition, we consider it to be an “optically combined” lamp.2 Under S6.3 of the standard, optically combined lamps are only permissible “if the requirements for each lamp, reflective device, and item of associated equipment are met.”

The specific requirements that apply to turn signal lamps are found in S7.1, and the requirements that apply to parking lamps are found in S7.8. We assume for purposes of our analysis that your lamp would meet these general requirements for both its turn signal and parking lamp functions.3

According to FMVSS No. 108, parking lamps must be activated with a vehicle’s headlamps, and they must be “steady burning” at all times.4 In past interpretations, we have understood the “steady burning” requirement for vehicle lighting to be met if the lamps is “is perceived as being steady-burning” by an observer even if, as a technical matter, the lamp is not steady burning.5

Discussion

Because your parking lamp’s LEDs are not, technically, steady burning in either of the alternatives you describe, the key question is whether the parking lamp in the alternatives would appear to be “steady burning” to an observer while the turn signal is activated.

In our view, Alternative A is permissible, while Alternative B is not.  This is because only Alternative A would give an observer the perception that the parking lamp is steady burning throughout the operation of the turn signal. Under Alternative A, an observer would see the turn signal alternate between two states: amber and white.  From the observer’s standpoint, at no point is the lamp completely off; whenever the amber LED is on, the white LED is off, whenever the amber LED is off, the white LED is on. Because there is no gap in LED illumination, an observer would perceive that the white LED is on for the entire time that the turn signal is activated, and that the white light it produces is combined with the amber LED’s light while the

2 S4.

3 Please note that there are luminosity requirements for optically combined turn signal and parking lamps that are different than the luminosity requirements for turn signal lamps and parking lamps that are not optically combined. These requirements are set out in S7.1.1.12.

4 Table I-a.

5 See letter to Kiminori Hyodo (Nov. 5, 2005), available at https://isearch.nhtsa.gov/files/Koito.2followup.html.

amber LED flashes. Because the white LED would appear to be illuminated at all times, the lamp in Alternative A would meet the “steady burning” requirement for parking lamps.6 (Please note that, because FMVSS No. 108 requires that the parking lamp be steady burning, if the lamp’s amber LED becomes inactive or is otherwise unable to meet the performance requirements for turn signals, the white LED must remain steady burning at all times, including when the turn signal is activated.)

Conversely, under Alternative B, when the amber LED is off, the lamp produces no light whatsoever. Thus, an observer would perceive that the lamp deactivates for the duration of the turn signal’s activation, which, as noted earlier would violate the “steady burning” requirement for parking lamps.

Applicability

Please note that this interpretation applies only to optically combined parking and turn signal lamps that use LEDs. This is because, unlike traditional incandescent lamps, LEDs are capable of turning on and shutting off almost instantaneously. Traditional incandescent lamps take some time to power up and shut off, which means that if an optically combined incandescent lamp were to flash according to Alternative A, there would be observable gaps in illumination while the lamp is powering up. Because an observer would be able to perceive these gaps, an observer would not perceive the lamp to be steady-burning. Therefore, Alternative A would not be permissible for an incandescent lamp.

If you have any questions, please contact Daniel Koblenz of my staff at (202) 366-2992.

Sincerely,

JONATHAN CHARLES MORRISON

Digitally signed by JONATHAN CHARLES MORRISON

Date: 2020.06.11 14:16:32

-04'00'

Jonathan C. Morrison Chief Counsel

Dated: 6/11/20

Ref: FMVSS No. 108

6 It is NHTSA’s understanding that, due to the photometric differences between LEDs and incandescent light sources, if the white LED were to stay illuminated while the amber LED flashed, the combined light of the two LEDs would appear to be pink in color, rather than amber.

ID: aiam4865

"Dear Mr. Land: This responds to your February 12, 1991 letter to Ms Fujita of my staff concerning the ambulance fleet you recently inspected. Each ambulance had a wooden block mounted under the accelerator pedal to limit the driver's ability to accelerate the vehicle. You state that Tennessee law does not prohibit installation of these 'makeshift speed governors.' However, you would like to know whether NHTSA's requirements would prohibit installation of the blocks. The answer to your question is no. In a March 26 telephone conversation with Ms. Fujita, you said that the blocks were installed by the ambulance owner. Our standards do not regulate in any manner how a vehicle owner can modify his or her vehicle. If the blocks were installed by a motor vehicle manufacturer, distributor, dealer or repair business, certain requirements of the Vehicle Safety Act (copy enclosed) would apply. Section 108(a)(2)(A) of the Act prohibits any person in the aforementioned categories from knowingly 'render ing inoperative' any equipment or element of design installed in compliance with an FMVSS. However, there would be no rendering inoperative of compliance with the FMVSS for accelerator control systems (FMVSS 124) in the situation you described, because that FMVSS does not establish requirements for accelerator pedal actuation. Of course, the installation of the block must not have rendered inoperative compliant equipment or designs on the vehicle that were installed pursuant to other safety standards. For example, the block must not interfere with the vehicle's braking ability. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam5653

Dear Mr. Byrne: This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard No. 106, Brake hoses. According to your letter, you plan to sell a brake hose assembly for hydraulic brake systems that you refer to as 'Stainless Steel Braided Brakelines.' You then asked several questions about selling your product in this country. By way of background information, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hose assemblies. Congress has established a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). This process requires each manufacturer to determine that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment. Standard No. 106 applies to new motor vehicles and to brake hoses, brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above. You first asked NHTSA to 'confirm' that an independent laboratory certification is valid for the United States. As explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must certify that its product complies with all applicable FMVSS's. You then asked NHTSA to confirm that such a brake hose assembly can be used with an adapter into the master cylinder or caliper. Your brake hose assembly can be used at any place in a motor vehicle, provided that in installing it, a vehicle manufacturer, distributor, dealer or repair business does not knowingly make inoperative, in whole or in part, a vehicle or item of equipment which is in compliance with any applicable safety standard. Specifically, inclusion of your brake hose assembly could not modify a hydraulic brake system subject to FMVSS No. 105, Hydraulic Brake Systems, to the extent that it no longer complies with the standard. Your next question asked whether there are any special marking requirements for brake hose assemblies manufactured for sale in the United States. Section S5.2.4 sets forth labeling requirements for brake hose assemblies. Section S5.2.4 states that Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information: (a) The symbol DOT constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly which shall be filed in writing with: Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington DC 20590. The designation may consist of block capital letters, numerals or a symbol. In addition, section S5.2.4.1 provides as an option that at least one end fitting be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly. I have also enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufacturers to NHTSA within 30 days after it first imports its products into the United States. The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information: 1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made, 2. The full legal name, principal place of business and mailing address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm or a United States corporation, and, 6. The full legal name and address of the designated agent. 7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel Enclosure;

ID: aiam5446

"Dear Mr. Winzkowski: This responds to your letter about manufacturer's certification responsibilities under Federal Motor Vehicle Safety Standard No. 205, Glazing materials (49 CFR 571.205, copy enclosed). You state that you are a United States-based subsidiary of a German automotive sunroof manufacturer. You are having problems explaining to the German authorities the differences between the certification requirements of the two countries and request a letter explaining that the U.S. uses a self-certification procedure. I am pleased to provide this information. As you know, every item of glazing for use in motor vehicles that is sold in or imported into this country must be certified as complying with FMVSS No. 205. This standard sets forth both performance and labeling requirements that must be satisfied by the automotive glazing. In enforcing its safety standards, the National Highway Traffic Safety Administration (NHTSA), which is part of the U.S. Department of Transportation, does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the U.S. Congress, the manufacturer 'self-certifies' that each of its items of motor vehicle equipment fully satisfies all requirements of the applicable Federal motor vehicle safety standards. Thus, each item of automotive glazing is self-certified by its manufacturer as complying with FMVSS No. 205. NHTSA does not require that the manufacturer's certification be based on a specified number of tests of the glazing or on any tests at all. Under the statute, the agency only requires that the certification be made with the exercise of 'due care' on the part of the manufacturer. It is up to the manufacturer to determine what data, test results, or other information is needed to enable it to certify that the glazing complies with Standard No. 205. We do recommend, however, that a manufacturer selling its glazing in the United States for the first time test those products, according to the test procedures specified in Standard No. 205. Once the manufacturer has determined that its glazing complies with the requirements of Standard No. 205, it certifies that compliance by marking the glazing with the symbol DOT, as specified in section S6 of Standard No. 205. You specifically asked for verification that 'no US DOT testing or certification is conducted when DOT numbers are assigned to manufacturers.' The 'DOT number' to which you refer is the manufacturer's code mark that is assigned by NHTSA on request of the glazing manufacturer (S6.2 of FMVSS No. 205). Your understanding is correct. NHTSA does not test glazing products or review manufacturers' compliance data prior to or as a condition for assigning a manufacturer's code mark pursuant to S6.2 of Standard No. 205. I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: aiam5563

"Dear Ms. Olsen: This responds to your letter of March 12, 1995 requesting an opinion as to the liability of the manufacturer, dealer, or customer in an accident involving a trailer originally sold with used tires. I apologize for the delay in our response. By way of background information, Chapter 301 of Title 49, U.S. Code, authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30112 of Title 49 provides that no person may manufacture for sale, sell, or import a new motor vehicle or a new item of motor vehicle equipment unless that vehicle or equipment complies with all applicable FMVSSs and is covered by a certification of such compliance. Generally speaking, upon the sale of that vehicle or item of equipment to the first retail purchaser, the use of that vehicle or equipment becomes a matter of state regulation. This office cannot give you an opinion as to who may be liable in the accident you described. The question of liability would be a matter of state law. You may wish to consult with a local attorney on the question of liability. I can advise you that FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars, generally requires tires installed on new trailers to be new, but includes certain specified exceptions which do not appear to be relevant here. In that connection, please find enclosed a copy of a letter we wrote to a gentleman in Odessa, Texas, dated September 4, 1992, which discusses in some detail our requirements for tires installed on new trailers. This agency does not have any standards for trailer brakes other than air brakes. Also, as indicated above, matters relating to the use of a vehicle, such as connection of the electric brake control to the towing vehicle and loading of the trailer, are not under the jurisdiction of this agency. I hope this information is helpful to you. Based on your March 12, 1995 letter and your telephone and facsimile communications with the staff of this agency's Office of Vehicle Safety Compliance, that office has initiated an inquiry to the trailer manufacturer to determine if a noncompliance exists with FMVSS No. 120. If you have further information or data to offer in this regard, please contact Mr. Luke Loy at this address or at (202) 366-5288 or by FAX at (202) 366-3081. Sincerely, John Womack Acting Chief Counsel Enclosure";