ID: aiam5348

Dear Mr. Scott: This responds to your letter of March 8, 1994, askin for information about this agency's regulations regarding importation and sale of motor vehicles and motor vehicle equipment. You intend to import 'fiberglass kit cars.' The cars may be imported 'either disassembled or partially assembled.' Your company 'will then be providing and/or installing American parts in the U.S. for the major mechanical portions like engines, transmissions, suspension systems, tires, etc.' It appears from your letter that you intend to import items of equipment, either individually or as part of a larger assembly, which, after entry into the United States, will have the drive train and related components installed that are necessary to complete its manufacture as a motor vehicle. For purposes of this interpretation, it is unimportant whether the equipment is imported as individual items, or assembled into a vehicle lacking a power train. Some items of motor vehicle equipment are subject to the Federal motor vehicle safety standards (FMVSS). In order to be imported into the United States, they must comply with all applicable FMVSS. Passenger car equipment that must comply includes brake hoses, brake fluid, lamps and reflectors, tires, glazing material, and seat belt assemblies. It is mandatory that all these items (except lamps and reflectors) bear a DOT symbol in order to be imported, the symbol is the manufacturer's certification of compliance with the FMVSS. It is optional for lamps and reflectors to be marked with the DOT symbol. If they are not marked, permissible options include a certification statement attached to the equipment item or on the container in which the item is shipped. When assembly of the vehicle is completed in the United States, its assembler must satisfy itself that it conforms to all applicable FMVSS and affix a label certifying that the vehicle complies. I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. It identifies relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. It also explains how to obtain this agency's safety standards and regulations. If you have further questions we shall be pleased to answer them. Sincerely, John Womack Acting Chief Counsel Enclosure;

ID: aiam5326

"Dear Mr. Brooks: This responds to your letter asking about th operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver. Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834. Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers. To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a 'truck' or a 'multipurpose passenger vehicle.' Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: aiam4643

Dear Mr. Kastner: Thank you for your letter to Secretary Skinne concerning the National Highway Traffic Safety Administration's (NHTSA's) actions to extend certain Federal Motor Vehicle Safety Standards (FMVSS's) to light trucks and vans. The Secretary has asked me to reply. Your letter was especially concerned with NHTSA's November 1987 amendment to FMVSS 204, Steering Control Rearward Displacement, and our denial of NTEA's petition for reconsideration of that rule. I regret that I am unable to respond to your comments at this time. As you know, the Department and NTEA are presently involved in litigation concerning those actions. In view of the litigation, we feel it would be inappropriate to address your comments in this letter. We appreciate your interest in informing the Department of your views. I can assure you that Secretary Skinner is actively interested in each of the letters he receives regarding NHTSA's mission to improve motor vehicle safety. Let me assure you also that the potential impacts on small businesses is one of our concerns in each of our rulemaking actions. A copy of your letter, and this response, will be placed in NHTSA's docket section. Sincerely, Jeffrey R. Miller Acting Administrator;

ID: aiam3881

Dear Mr. McCormick: This responds to your November 21, 1984 letter to the National Highwa Traffic Safety Administration (NHTSA) concerning the Federal Motor Vehicle Safety Standards (FMVSS) applicable to school buses. Our answers follow your specific questions which we have restated below.; 1. Do the Federal school bus standards in fact preclude a schoo district from transporting pupils in vehicles not meeting all school bus standards?; To begin, I would like to explain that there are two sets o regulations, issued under different Acts of Congress, that could affect a school district's choice of buses. The first of these are the motor vehicle safety standards to which you refer in your letter. These safety standards were issued by our agency under the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563, 15 U.S.C. 1381-1426) and apply to the manufacture and sale of new motor vehicles. In a 1974 amendment to the Act, Congress expressly directed us to issue standards on specific aspects of school bus safety, including emergency exits, seating systems, windows and windshields, and bus structure. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. If a school district plans to buy a *new* bus for use as an activity bus, the manufacturer and dealer must certify that the bus complies with the motor vehicle safety standards applicable to school buses. The Federal sanctions are directed against the dealer or manufacturer who sells a new noncomplying bus to a school for school use. Strictly speaking, a school district is not prohibited by our school bus safety standards from operating a noncomplying school bus.; There might, however, be an impediment under State law, if Colorado ha adopted the provisions of the standard on school transportation issued by our agency under the Highway Safety Act (Public Law 89-564, 23 U.S.C. 401-408). This standard, Highway Safety Program Standard No. 17 (HSPS 17), specifies that a bus used to transport more than 16 pupils to and from school should be painted yellow, be equipped with special mirrors and warning lights, and be marked 'School Bus.' Therefore, although the Vehicle Safety Act would not prevent a school district from operating a noncomplying school bus, HSPS 17 might affect your school districts if Colorado has adopted it and if Colorado accepts our view that the specifications apply to activity buses. I have enclosed a copy of HSPS 17 that was photocopied from volume 23 of the Code of Federal Regulations, Part 1204.4, as requested by your associate, Mr. Joseph Marchese.; If Colorado chooses to exempt activity buses from being painted signed, and equipped as school buses, we might disagree with the wisdom of its decision but we would not insist on compliance with HSPS 17 to the extent of taking action against the State. Congress has given us discretion under the Highway Safety Act not to insist that a State comply with every requirement of the highway safety standards. While we have stressed the importance of a strong pupil transportation program, consistent with HSPS 17, we have not insisted that the States comply with every feature of the standard.; Having said this, however, I would like to restate the importance tha our agency attaches to the use of safe buses to transport children. It remains the agency's position that a yellow school bus meeting the motor vehicle safety standards is the safest means of transportation for school children. Such a bus has safety features such as seat backs designed to cushion impacts, windows that prevent ejections, and exits that facilitate escape after crashes. In the years since buses began to be manufactured with these features, there has been a marked improvement in school bus safety. These are features that school districts should consider when deciding to purchase their school vehicles.; 2. May a state set out definitions of vehicles (for transportation o pupils) which do not meet all applicable school bus standards? If not, what penalties may be applied?; Our Federal motor vehicle safety regulations define a bus as a moto vehicle designed to carry more than 10 persons and further define a school bus as a bus that is sold for the purposes of carrying students to and from school or related events. The decision of a State not to adopt the Federal classification has no affect on the application of the Federal school bus safety standards to that vehicle. The Federal school bus safety standards would apply to vehicles that meet the Federal definition of a school bus, regardless of whether the vehicle is considered a school bus under state regulations. Of course, the Federal standards apply only to those vehicles that were manufactured after the effective date of the standards, April 1, 1977.; Section 103(d) of the Vehicle Safety Act states generally that no Stat shall have in effect any State standard regulating an aspect of performance that is regulated by a Federal safety standard unless the State standard is identical to the Federal standard. State standards that are not identical are preempted by the Safety Act unless they impose a higher level of safety and are applicable only to vehicles procured for the State's own use.; The preemptive effect of section 103(d) is not altered by the fact tha a vehicle classified as a school bus under the Safety Act is classified as some other type of motor vehicle under State law. A State decision to adopt all or none of the Federal motor vehicle safety standards applicable to a type of motor vehicle has no effect on the necessity under the Safety Act of manufacturing such a motor vehicle in accordance with the Federal standards.; 3. If a local educational agency acquires a vehicle not meeting al applicable school bus safety standards and uses it for transporting pupils, what penalties may be applied? Would such penalties apply if the vehicle is used for 'activity' transportation only?; As we explained above, the school district that purchases and uses noncomplying school bus would not be subject to Federal sanctions under the Vehicle Safety Act. It is only illegal for a manufacturer or dealer to sell such a vehicle to a school knowing that the school will use it to transport students. Any person selling new vehicles for use in school transportation which fail to comply with all applicable safety standards is violating the Vehicle Safety Act and is subject to a maximum penalty of $1,000 per violation. Further, in regard to the second part of this question, the answer is yes. The penalties would apply to a person selling a new bus to a school for school related activity trips if that bus is not certified to the Federal safety standards.; You should note that although a school district would not be subject t Federal sanctions under the Safety Act for buying and using a noncomplying bus, using such a vehicle as a school bus could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter.; 4. If a local educational agency acquires a vehicle meeting al applicable school bus standards and modifies such a vehicle, is there a penalty? For example, replacement of 222 seating with seats not in compliance with the 222 standards.; The answer is no. Nothing in the Vehicle Safety Act prohibits an owner such as a school, from modifying its own vehicles. However, the Act does prohibit dealers, manufacturers and motor vehicle repair shops from knowingly rendering inoperative any element of design installed in compliance with a Federal motor vehicle safety standard. The school can replace the seats of the original school bus with seats that do not comply with FMVSS No. 222 if it so desires. As we pointed out above, the school could be subject to increased liability in case of an accident. We suggest that you discuss this matter with your attorney or insurance agency.; 5. Is NHTSA at present considering any amendments to the existin standards for school buses? Also, are any additional standards likely to be promulgated with the next year?; Our agency has recently received a petition for rulemaking requestin that FMVSS No. 222 be amended to set certain specifications for seat belt performance on large school buses if seat belts are voluntarily installed on these vehicles. The decision to issue a notice of proposed rulemaking will be made by NHTSA in the course of the rulemaking proceeding, in accordance with statutory criteria.; 6. The National Transportation Safety Board (NTSB) has set out severa recommendations for 'activity' buses. Does NHTSA concur in these recommendations? (These refer to certification/training of mechanics, etc.); Enclosed is a copy of a November 2, 1984 letter from NHTSA' administrator, Diane K. Steed, to Chairman Burnett of the National Transportation Safety Board, which comments on several recommendations NTSB made regarding school bus repairs, certification of mechanics, instruction on emergency equipment use, et cetera. I believe this letter will discuss your concerns thoroughly.; If you have any further questions, do not hesitate to contact m office.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3900

Dear Mr. Farmer: This responds to your letter to me regarding our motor vehicle safet standards for school buses. You asked several questions about Standard No. 222, *School Bus Passenger Seating and Crash Protection*, and Standard No. 301, *Fuel System Integrity*. In a telephone conversation you had on February 8, 1985, with Ms. Hom of my staff, you also asked about the safety standards that apply to vans carrying 10 or less persons that are used to transport school children.; To begin, I would like to explain that the motor vehicle safet standards issued by our agency apply to the manufacture and sale of new motor vehicles. As you know, in 1974, Congress expressly directed us to issue standards on specific aspects on school bus safety. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. A manufacturer or dealer who sells a new bus to a school must sell a bus that complies with the motor vehicle safety standards applicable to school buses.; Under our regulations, a 'bus' is defined as a motor vehicle designe for carrying 11 or more persons. 'School bus' is defined as a bus that is sold for purposes that include carrying students to and from school or related events (excluding buses sold as common carriers in urban transportation). A van type vehicle, constructed on a truck chassis, carrying 10 persons or less is classified as a multipurpose passenger vehicle (MPV). New MPV's sold to schools need not meet the school bus safety standards, since these vehicles are not buses. However, there are many motor vehicle safety standards applicable to MPV's. New MPV's must be certified by their manufacturers as complying with these safety standards. I have enclosed a list of the motor vehicle safety standards applicable to MPV's, as you requested.; The first question in your letter asked whether we require 'Type A vehicles which carry 15 to 22 passengers to comply with the provisions of Standards Nos. 222 and 301. Over the telephone, you explained that these vehicles are school buses with gross vehicle weight ratings (GVWR) of 10,000 pounds or less.; The answer to this question is yes. Standard No. 222 applies to al school buses. However, the requirements of the standard vary depending on the GVWR of the bus. Standard No. 301 applies to all school buses that use fuel with a boiling point above 32 degrees F. A new school bus must be certified as complying with the applicable requirements of these safety standards.; The first part to your second question asked, 'Does NHTSA consider a 1 inch crash barrier installed in front of standard 39 inch bench seats on the right side of the aisle in these vehicles to be in compliance with FMVSS 222?'; The answer to this question is that there is no violation of Standar No. 222's restraining barrier requirements. This is because the restraining barrier requirements do not apply to school buses of 10,000 pounds or less GVWR. Paragraph S5(b) of the standard lists the requirements that apply to these smaller school buses, and the restraining barrier requirements found in paragraph S5.2 are not listed in S5(b). If a manufacturer voluntarily chooses to install a restraining barrier in these buses, there is no violation of Standard No. 222 if the barrier is not as wide as the designated seating positions behind it.; The second part of this question asked, 'Would seat belts on the fron row of seats void the crash barrier requirement in this standard for Type A vehicles? (We are aware that NHTSA requires seat belts on all Type A vehicles)'(sic); The answer to this question is similar to that given above. Restrainin barriers on school buses with GVWR's of 10,000 pounds or less are not required by Standard No. 222. Since these smaller school buses are equipped with seat belts, the standard does not regulate seat spacing in these vehicles.; The third part of this question asked, 'Would the location of the ga tank between frame members also void the requirement in FMVSS 301 for a protective barrier?'; The answer is that Standard No. 301 sets performance requirements tha each school bus must meet, it does not require specific designs, such as a protective barrier. A manufacturer can position its gas tank at any location as long as it can meet the performance requirements of the standard at that location.; Your third question asked, 'Does NHTSA require the installation of metal shield between the exhaust system and the gas tank when such locations are 12 inches or less from each other? (Note: We have some Type A vehicles with variations of 6 to 8 inches that supposedly have NHTSA approval.)'; Neither Standard No. 301 nor any of the agency's other standards se any requirements concerning the installation of metal shields between the exhaust system and the gas tank.; If you have further questions, please do not hesitate to contact us. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3899

Dear Mr. Farmer: This responds to your letter to me regarding our motor vehicle safet standards for school buses. You asked several questions about Standard No. 222, *School Bus Passenger Seating and Crash Protection*, and Standard No. 301, *Fuel System Integrity*. In a telephone conversation you had on February 8, 1985, with Ms. Hom of my staff, you also asked about the safety standards that apply to vans carrying 10 or less persons that are used to transport school children.; To begin, I would like to explain that the motor vehicle safet standards issued by our agency apply to the manufacture and sale of new motor vehicles. As you know, in 1974, Congress expressly directed us to issue standards on specific aspects on school bus safety. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. A manufacturer or dealer who sells a new bus to a school must sell a bus that complies with the motor vehicle safety standards applicable to school buses.; Under our regulations, a 'bus' is defined as a motor vehicle designe for carrying 11 or more persons. 'School bus' is defined as a bus that is sold for purposes that include carrying students to and from school or related events (excluding buses sold as common carriers in urban transportation). A van type vehicle, constructed on a truck chassis, carrying 10 persons or less is classified as a multipurpose passenger vehicle (MPV). New MPV's sold to schools need not meet the school bus safety standards, since these vehicles are not buses. However, there are many motor vehicle safety standards applicable to MPV's. New MPV's must be certified by their manufacturers as complying with these safety standards. I have enclosed a list of the motor vehicle safety standards applicable to MPV's, as you requested.; The first question in your letter asked whether we require 'Type A vehicles which carry 15 to 22 passengers to comply with the provisions of Standards Nos. 222 and 301. Over the telephone, you explained that these vehicles are school buses with gross vehicle weight ratings (GVWR) of 10,000 pounds or less.; The answer to this question is yes. Standard No. 222 applies to al school buses. However, the requirements of the standard vary depending on the GVWR of the bus. Standard No. 301 applies to all school buses that use fuel with a boiling point above 32 degrees F. A new school bus must be certified as complying with the applicable requirements of these safety standards.; The first part to your second question asked, 'Does NHTSA consider 14- inch crash barrier installed in front of standard 39-inch bench seats on the right side of the aisle in these vehicles to be in compliance with FMVSS 222?'; The answer to this question is that there is no violation of Standar No. 222's restraining barrier requirements. This is because the restraining barrier requirements do not apply to school buses of 10,000 pounds or less GVWR. Paragraph S5(b) of the standard lists the requirements that apply to these smaller school buses, and the restraining barrier requirements found in paragraph S5.2 are not listed in S5(b). If a manufacturer voluntarily chooses to install a restraining barrier in these buses, there is no violation of Standard No. 222 if the barrier is not as wide as the designated seating positions behind it.; The second part of this question asked, 'Would seat belts on the fron row of seats void the crash barrier requirement in this statement for Type A vehicles? (We are aware that NHTSA requires seat belts on all Type A vehicles)'; The answer to this question is similar to that given above. Restrainin barriers on school buses with GVWR's of 10,000 pounds or less are not required by Standard No. 222. Since these smaller school buses are equipped with seat belts, the standard does not regulate seat spacing in these vehicles.; The third part of this question asked, 'Would the location of the ga tank between frame members also void the requirement in FMVSS 301 for a protection barrier?'; The answer is that Standard No. 301 sets performance requirements tha each school bus must meet, it does not require specific designs, such as a protective barrier. A manufacturer can position its gas tank at any location as long as it can meet the performance requirements of the standard at that location.; Your third question asked, 'Does NHTSA require the installation of metal shield between the exhaust system and the gas tank when such locations are 12 inches or less from each other? (Note: We have some Type A vehicles with variations of 6 to 8 inches that supposedly have NHTSA approval.)'; Neither Standard No. 301 nor any of the agency's other standards se any requirements concerning the installation of metal shields between the exhaust system and the gas tank.; If you have further questions, please do not hesitate to contact us. Sincerely, Frank Berndt, Chief Counsel

ID: aiam5624

"Dear Mr. Stiede: This responds to your letter to Walter Myers of m staff, and to subsequent telephone conversations with Mr. Myers, about this agency's standards for the product you manufacture. At Mr. Myers' request, you provided detailed schematics of your product and several pictures of it connected to various types of towed vehicles. It appears from these that the product is a trailer converter dolly. You stated that your product is intended as a towing device for a variety of trailers, such as 'gooseneck flatbed, equipment, utility, farm equipment, horse trailers, along with 5th wheel recreational vehicles.' You further stated that it has a combined load range of 3,500 to 15,000 pounds, depending on the trailer weight and engine power of the towing vehicle. You stated that there may be some state restrictions applicable to your trailer dolly, and suggested that some Federal regulations may have to be amended to address such a vehicle. By way of background information, this agency has the authority under Federal law to issue Federal motor vehicle safety standards (FMVSS) and related regulations applicable to new motor vehicles and new items of motor vehicle equipment. Vehicle and equipment manufacturers are responsible for 'self- certifying' that their products comply with all applicable FMVSSs. They must also ensure that their products are free of safety-related defects. Once the vehicle or equipment is sold to the first retail customer, the product is no longer subject to the FMVSSs. The first question you raise is whether your trailer dolly is a 'motor vehicle.' The answer is yes. 'Motor vehicle' is defined in 49 U.S. Code (U.S.C.) 30102 as: A vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. Your trailer dolly clearly meets the definition of a motor vehicle since the dolly is designed to be drawn by mechanical power on the streets, roads, and highways. It is referred to in NHTSA regulations (49 Code of Federal Regulations (CFR), section 571.3) as a 'trailer converter dolly,' which is defined as 'a trailer chassis equipped with one or more axles, a lower half of a fifth wheel and a drawbar.' We note that a trailer converter dolly, although fabricated on a trailer chassis, is not a trailer. It is a motor vehicle designed to tow another vehicle rather than carry persons or property itself. The following standards and regulations apply to your manufacture of the trailer converter dolly. As a manufacturer of a motor vehicle, you must submit certain identifying information to NHTSA in accordance with 49 CFR Part 566, Manufacturer Identification (copy enclosed). You must also ensure that a dolly with a hydraulic braking system must meet FMVSS No. 116, Motor vehicle brake fluids (49 CFR 571.116). You must also comply with the requirements of 49 CFR Parts 567, Certification. In addition, in the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. The enclosed information sheet briefly describes those responsibilities. As Mr. Myers discussed with you, since your trailer dolly is designed and intended for interstate marketing and transport, the Federal Highway Administration (FHWA) may have requirements applicable to your product. Accordingly, I will forward a copy of your letter to Mr. James Scapellato, Director, Office of Motor Carrier Research and Standards, FHWA, this address, for further response. In the alternative, you may contact Mr. Larry Minor of Mr. Scapellato's staff at this address or at (202) 366-4012 to discuss pertinent FHWA regulations. Finally, you mentioned in your letter that some states may have certain restrictions or requirements for your trailer dolly. NHTSA does not have information on those state requirements. However, you may be able to obtain such information from: American Association of Motor Vehicle Administrators 4200 Wilson Boulevard, Suite 1000 Arlington, VA 22203 (703) 522-4200 I hope this information is helpful to you. Should you have any further questions or seek additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992, or by fax at (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosures ";

ID: nht87-3.35

TYPE: INTERPRETATION-NHTSA

DATE: 12/03/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Frank Miller -- Gerry Baby Products

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Frank Miller Gerry Baby Products 12520 Grant Drive Denver, CO 80233

This responds to your September 25, 1987 letter to Mr. Val Radovich of NHTSA's Office of Vehicle Safety Standards and your October 19, 1987 letter to my office concerning paragraph S4.2.1 of Safety Standard No. 302, Flammability of Interior Materials.

You ask whether the thread that is used in the manufacture of a seat cushion is tested as part of the component. The answer is yes. In a March 10, 1978 interpretation of Standard No. 302, NHTSA recognized that stitching that does not adhere at every poin t of contact should be tested separately under S4.2.1. However, the agency also determined that, from the standpoint of practicality, the stitching cannot be tested separately in the prescribed manner. NHTSA thus concluded that stitching will be tested a s part of the material itself.

Please contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

September 25, 1987

To: Mr. Val Radovich Office of Vehicle Safety Standards National Highway Traffic Safety Admin. 400 Seventh Street, S.W. Washington, D.C. 20590

From: Frank Miller Gerry Baby Products 12520 Grant Drive Denver, CO 80233

Dear Sir:

This inquiry is in regards to the flame retardancy requirements of FMVSS 302, specifically S4.2.1. A question has been brought up about the thread that is used in the manufacture of the seat cushion.

Is the thread considered to be part of the composite?

Thank you for your time.

Sincerely,

Frank Miller Quality Engineer

October 19, 1987

Office of Chief Counsel NHTSA 400 Seventh St. S.W. Washington, D.C. 20590

Dear Sir/Madam:

To satisfy our specifications we need written legal interpretation of the term "composite" as used in FMVSS 302.

Our feeling is that as long as the sewn seat meets the requirements, the thread and/or binding does not have to meet the requirements if tested separately. We feel this way because the thread and binding in the Gerry Guardian Car Seat adheres to the seat cushion at every point of contact.

Your response to this matter will be greatly appreciated.

Sincerely,

Frank Miller Quality Engineer

ID: aiam3498

Dear Messrs. Newmayer and Corbett: This responds to your letter of May 26, 1981, regarding Safety Standar No. 205, *Glazing Materials*. Please accept my apologies for the lateness of our response. You request permission to install a 'Ballistic Cube 2000' in 500 motor vehicles over a two-year period for experimental purposes. The 'Ballistic Cube 2000' is a protective cubicle made of Lexgard that is installed inside a vehicle. Lexgard, a bullet-resistant material, does not comply with all the requirements of Standard No. 205. You urge us to grant your request on the basis that the data generated from such an experiment would be relevant to a rulemaking proceeding initiated by General Electric. (General Electric has petitioned NHTSA to amend Standard No. 205 to permit the use of protective bullet- resistant shields in vehicles. The agency granted this petition on November 28, 1980.); Standard No. 205 is an equipment standard which applies to all glazin materials used in passenger cars, buses, trucks, and multipurpose passenger vehicles. all automotive glazing materials, including those used in the Ballistic Cube 2000, must conform to the standard's requirements. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) provides in part that no person shall sell or manufacture for sale any item of motor vehicle equipment that does not comply with any applicable Federal motor vehicle safety standard in effect on the date of the item's manufacture. Thus, if you were to manufacture for sale or sell a Ballistic Cube 2000 made of Lexgard or any other glazing material that does not comply with Standard No. 205, you would be in violation of section 108(a)(1)(A). (Section 108(b)(5) establishes that section 108(a)(1)(A) does not apply when the motor vehicle or item of motor vehicle equipment is intended solely for export and is so labeled.) Section 109 imposes a civil penalty up to $1,000 for each violation of Section 108.; We believe that installation of the Ballistic Cube 2000 in moto vehicles could possibly generate test data that could be valuable to the agency in the previously mentioned rulemaking proceeding. Unfortunately, however, NHTSA does not have the legal authority to grant you permission to make such an installation. NHTSA does not have statutory authority to exempt an equipment manufacturer from the requirements of Section 108(a)(1)(A) as it relates to motor vehicle equipment.; Section 123 of the Act authorizes the exemption of motor vehicles fro the safety standards. However, it does not authorize the exemption of motor vehicle equipment from equipment standards. As noted above, Standard No. 205 is an equipment standard applicable to glazing. Consequently, no exemption can be granted under section 123 that would excuse manufacturing, offering for sale or selling noncomplying glazing as part of the vehicles you wish to modify and sell, since you would also be considered an equipment manufacturer.; While the agency cannot grant you an exemption, it is pursuing th request made by G.E. regarding Lexgard. The agency anticipates issuing a notice of proposed rulemaking before the end of this year. If a final rule permitting the use of Lexgard were issued, you could commence manufacturing and installation of the Ballistic Cubes upon the effective date of that rule.; Even if that rule is issued, there may be other standards which must b considered. As we understand your materials, the installation of the Ballistic Cube 2000 in motor vehicles may affect the compliance of those vehicles with FMVSS No. 103, *Windshield Defrosting and Defogging Systems*, and FMVSS No. 201, *Occupant Protection in Interior Impact.* If you were to install a Ballistic Cube in a new vehicle, i.e., one that had not yet been purchased for purposes other than resale, you would violate section 108(a)(1)(A) if the vehicle no longer complied with one of those standards. Of course, since Standard Nos. 103 and 201 are vehicle standards, you could apply for an exemption from those standards. Section 108(a)(2)(A) of the Act would prohibit you from installing the Ballistic Cube in a used vehicle if such installation would destroy the vehicle's compliance with Standards 103 and 201.; The agency cannot definitively state whether installation of your cub in a motor vehicle would affect the compliance of the vehicle with Standards Nos. 201 or 103. NHTSA does not offer prior approval of compliance of any vehicle or equipment design with any safety standards before the manufacturer's certification of its product. It is the manufacturer's responsibility under the Act to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle or equipment in accordance with that determination. The agency is willing to offer an opinion on whether a vehicle or motor vehicle equipment complies with a particular rule. Such an opinion is not binding on the agency or on the manufacturer. However, the information you have provided in your letter does not give us a sufficient basis on which to form an opinion. It would probably be difficult for the agency to offer an opinion concerning your compliance with Standard 203 regardless of the information you supplied, since that standard involves a dynamic performance test.; Apart from the requirements imposed by section 108(a)(1)(A) regardin compliance of safety standards, manufacturers of motor vehicle equipment also have general responsibilities under the Act regarding safety defects. Under sections 151 *et seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; I am sorry we are unable to accommodate you in this matter. However since it is beyond our legal authority to do so, we have no choice but to make the decision set forth in this letter. Please contact this office if you have any questions.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3496

Dear Messrs. Newmayer and Corbett: This responds to your letter of May 26, 1981, regarding Safety Standar No. 205, *Glazing Materials*. Please accept my apologies for the lateness of our response. You request permission to install a 'Ballistic Cube 2000' in 500 motor vehicles over a two-year period for experimental purposes. The 'Ballistic Cube 2000' is a protective cubicle made of Lexgard that is installed inside a vehicle. Lexgard, a bullet-resistant material, does not comply with all the requirements of Standard No. 205. You urge us to grant your request on the basis that the data generated form such an experiment would be relevant to a rulemaking proceeding initiated by General Electric. (General Electric has petitioned NHTSA to amend Standard No. 205 to permit the use of protective bullet- resistant shields in vehicles. The agency granted this petition on November 28, 1980.); Standard No. 205 is an equipment standard which applies to all glazin materials used in passenger cars, buses, trucks, and multipurpose passenger vehicles. All automotive glazing materials, including those used in the Ballistic Cube 2000, must conform to the standard's requirements. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) provides in part that no person shall sell or manufacture for sale any item of motor vehicle equipment that does not comply with any applicable federal motor vehicle safety standard in effect on the date of the item's manufacture. Thus, if you were to manufacture for sale or sell a Ballistic Cube 2000 made of Lexgard or any other glazing material that does not comply with Standard No. 205, you would be in violation of section 108(a)(1)(A). (Section 108(b)(5) establishes that section 108(a)(1)(A) does not apply when the motor vehicle or item of motor vehicle equipment is intended solely for export and is so labeled.) Section 109 imposes a civil penalty up to $1,000 for each violation of Section 108.; We believe that installation of the Ballistic Cube 2000 in moto vehicles could possibly generate test data that could be valuable to the agency in the previously mentioned rulemaking proceeding. Unfortunately, however, NHTSA does not have the legal authority to grant you permission to make such an installation. NHTSA does not have statutory authority to exempt an equipment manufacturer from the requirements of Section 108(a)(1)(A) as it relates to motor vehicle equipment.; Section 123 of the Act authorizes the exemption of motor vehicles fro the safety standards. However, it does not authorize the exemption of motor vehicle equipment form equipment standards. As noted above, Standard No. 205 is an equipment standard applicable to glazing. Consequently, no exemption can be granted under section 123 that would excuse manufacturing, offering for sale or selling noncomplying glazing as part of the vehicles you wish to modify and sell, since you would also be considered an equipment manufacturer.; While the agency cannot grant you an exemption, it is pursing th request made by G.E. regarding Lexgard. The agency anticipates issuing a notice of proposed rulemaking before the end of this year. If a final rule permitting the use of Lexgard were issued, you could commence manufacturing and installation of the Ballistic Cubes upon the effective date of that rule.; Even if that rule is issued, there may be other standards which must b considered. As we understand your materials, the installation of the Ballistic Cube 2000 in motor vehicles may affect the compliance of those vehicles with FMVSS No. 103, *Windshield Defrosting and Defogging Systems*, and FMVSS No. 201, *Occupant Protection in Interior Impact*. If you were to install a Ballistic Cube in a new vehicle, i.e., one that had not yet been purchased for purposes other than resale, you would violate section 108(a)(1)(A) if the vehicle no longer complied with one of those standards. Of course, since Standard Nos. 103 and 201 are vehicle standards, you could apply for an exemption from those standards. Section 108(a)(2)(A) of the Act would prohibit you from installing the Ballistic Cube in a used vehicle if such installation would destroy the vehicle's compliance with Standard 103 and 201.; The agency cannot definitively state whether installation of your cub in a motor vehicle would effect the compliance of the vehicle with Standard Nos. 201 or 103. NHTSA does not offer prior approval of compliance of any vehicle or equipment design with any safety standard before the manufacturer's certification of its product. It is the manufacturer's responsibility under the Act to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle or equipment in accordance with that determination The agency is willing to offer an opinion on whether a vehicle or motor vehicle equipment complies with particular rule. Such an opinion is not binding on the agency or on the manufacturer. However, the information you have provided in your letter does not give us a sufficient basis on which to form an opinion. It would probably be difficult for the agency to offer an opinion concerning your compliance with Standard 203 regardless of the information you supplied, since that standard involves a dynamic performance test.; Apart from the requirements imposed by section 108(a)(1)(A) regardin compliance with safety standards, manufacturers of motor vehicle equipment also have general responsibilities under the Act regarding safety defects. Under section 151 *et seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; I am sorry we are unable to accommodate you in this matter. However since it is beyond our legal authority to do so, we have no choice but to make the decision set forth in this letter. Please contact this office if you have any questions.; Sincerely, Frank Berndt, Chief Counsel