ID: aiam3491

Dear Mr. Osborne: This is in response to your recent letter to the Administrator regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection, and its related requirements for the comfort and convenience of safety belts.; You stated in reference to paragraph S7.4.4, Latchplate Access, tha *the standard as written is design restrictive in not permitting inboard location of the latchplate when stowed by virtue of requiring the latchplate to be located within the outboard reach envelope...* You requested that the wording be changed to permit either inboard or outboard reach envelopes.; Paragraph S7.4.4 was not intended to limit the location of latchplate to outboard locations. Latchplates located in the outboard reach must be located within the reach envelopes as specified. However, the requirement would not be applicable to latchplates located inboard, since there should be no difficulty in reaching latchplates in this location. It should also be noted that the requirement is not applicable to automatic belts.; We believe the Agency's response to the petitions for reconsideratio of the comfort and convenience requirements will answer your remaining questions. We expect to issue that notice in the very near future.; You requested an early announcement of the final content of FMVSS No 208 as it would apply to automatic restraints. On October 23, 1981, the Department rescinded that portion of the standard that would require automatic restraints. We have enclosed a copy of the news release pertaining to that action for your information.; Please contact this office if you have further questions. Sincerely, Michael M. Finkelstein, Associate Administrator fo Rulemaking;

ID: aiam2107

Dear Mr. White: This is in response to your letter of October 17, 1975, concerning th importation into the United States of tires that will be mounted on trucks intended for export from the United States.; 49 CFR Part 571.7(d) and Section 108(b)(5) of the National Traffic an Motor Vehicle Safety Act of 1966 specify that no Federal Motor Vehicle Safety Standards (FMVSS) apply to; >>>a motor vehicle or item of motor vehicle equipment intended solel for export, and so labeled or tagged on the vehicle or item itself and on the outside of the container, if any, which is exported.<<<; Therefore, tires which Michelin manufactures for sale directly to truck manufacturer who will mount them on trucks which are intended solely for export need not comply with Standard No. 119, *New Pneumatic Tires for Vehicles Other than Passenger Cars*. When imported and shipped to the truck manufacturer, the tires must bear a label or tag indicating intent to export. Such a label must also appear on the outside of the container, if any, in which the tires are shipped. Importation of such tires is permitted by 19 CFR 12.80(b)(1)(ii), provided they are so labeled. A label need not remain on the tires after they have been mounted on the trucks, provided that the trucks bear similar labels.; Because these tires are not subject to any FMVSS and are beyond th scope of any expected defect notification and remedy program, Michelin Tire Corporation is not subject to the requirements of 49 CFR Part 574, *Tire Identification and Recordkeeping*, with respect to them.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2834

Dear Mr. Trible: This is in response to the letter (enclosed) you received from you constituent Mr. Randy Churaman of Hampton, Virginia, concerning plexiglass covers for headlights.; The National Highway Traffic Safety Administration (NHTSA) in 197 proposed rulemaking to allow fixed plastic covers over motor vehicle headlights. However, during the comment period of the proposed rulemaking some controversial items that were raised regarding fixed plastic headlight covers initiated concerns with respect to motor vehicle safety. These concerns were that: (1) moisture condenses inside the plastic covers and greatly increases headlight glare to oncoming traffic, (2) the plastic covers get scratched, thus reducing headlight output and increasing headlight glare at the same time, (3) plastic headlight covers have to be removed to mechanically aim headlamps, which becomes quite expensive to the vehicle owner and (4) correct aim of headlights is often made incorrect when installing fixed plastic headlight covers. Finally, the change in air drag by use of plastic headlight covers is extremely small since the air drag is primarily related to the overall frontal area projection of the vehicle.; Because of the foregoing disadvantages, and no major advantage to fixe plastic headlight covers other than styling, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, *Lamps, Reflective Devices and Associated Equipment*, prohibits fixed plastic covers over headlamps. Specifically, FMVSS No. 108 references SAE Standard J580a, which states in part... 'When in use, a headlamp shall not have any styling ornament or other feature, such as a glass cover or grill, in front of the lens.' There is, however, no prohibition on the installation of original equipment retractable clear plastic headlamp concealment devices on newly manufactured motor vehicles.; I trust the foregoing is fully responsive to your inquiry. Sincerely, Michael M. Finkelstein, Acting Associate Administrator fo Rulemaking;

ID: aiam2104

Dear Mr. White: This is in response to your letter of October 17, 1975, concerning th importation into the United States of tires that will be mounted on trucks intended for export from the United States.; 49 CFR Part 571.7(d) and Section 108(b)(5) of the National Traffic an Motor Vehicle Safety Act of 1966 specify that no Federal Motor vehicle Safety Standards (FMVSS) apply to; >>> a motor vehicle or item of motor vehicle equipment intended solel for export, and so labeled or tagged on the vehicle or item itself and on the outside of the container, if any, which is exported.<<<; Therefore, tires which Michelin manufactures for sale directly to truck manufacturer who will mount them on trucks which are intended solely for export need not comply with Standard No. 119, *New Pneumatic Tires for Vehicles Other than Passenger Cars*. When imported and shipped to the truck manufacturer, the tires must bear a label or tag indicating intent to export. Such a label must also appear on the outside of the container, if any, in which the tires are shipped. Importation of such tires is permitted by 19 CFR 12.80(b)(1)(ii), provided they are so labeled. A label need not remain on the tires after they have been mounted on the trucks, provided that the trucks bear similar labels.; Because these tires are not subject to any FMVSS and are beyond th scope of any expected defect notification and remedy program, Michelin Tire Corporation is not subject to the requirements of 49 CFR Part 574, *Tire Identification and Recordkeeping*, with respect to them.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: 77-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: The Govmark Organization, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 10, 1976, letter asking whether Standard No. 302, Flammability of Interior Materials, applies to the living area of motor homes and mobile homes.

The National Highway Traffic Safety Administration (NHTSA) no longer regulates mobile homes. The National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) ("the Mobile Home Act") established within the Department of Housing and Urban Development a comprehensive program for the regulation of mobile homes. We have concluded that one result of that statute's enactment was the implied repeal of the NHTSA's authority with respect to mobile homes. Accordingly, we consider that the enactment had the effect of amending the Vehicle Safety Act's definition of "motor vehicle" to exclude "mobile homes" as the latter term is defined in the Mobile Home Act.

A motor home, on the other hand, is classified as a multipurpose passenger vehicle (or a bus if it is designed to carry more than 10 persons) and is subject to the requirements of Standard No. 302. The standard mandates that certain enumerated components located within the vehicle occupant compartment meet specified burn test requirements. The living area of a motor home constitutes part of the vehicle occupant compartment, and therefore, any component listed in S4.1 of the standard and situated within the living area must comply with the standard.

SINCERELY,

THE GOVMARK ORGANIZATION INC.

November 10, 1976

Associate Administrator Traffic Safety Programs U.S. Department of Transportation Nat'l Highway Traffic Safety Administration

re: Federal Motor Vehicle Standard #302

We are seeking a clarification of the type of vehicle and the classification of occupant space.

We specifically refer to a motor home which is a self-propelled vehicle containing living quarters.

To our mind, this would classify as a multi-purpose passenger vehicle.

Your standard restricts the flammability of materials in the occupant compartments of motor vehicles. We can see with a commercial freight trailer that the occupant compartment is clearly the cab of the tractor assembly.

In a motor home, either the driving section or the living quarters could be considered occupant compartments.

Therefore, the living quarters should also contain materials which conform to FMVSS #302.

Additionally, if a motor home is larger than 8 feet wide and 32 feet long it then becomes a mobile home. (We are seeking confirmation from HUD for this interpretation).

If it becomes a mobile home, are both standards in effect or will one department allow the other department to rule?

Salvatore Messina

ID: nht80-3.50

DATE: 09/24/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Stanley Electric Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

SEP 24 1980 NOA-30

Mr. H. Miyazawa Director, Automotive Lighting Engineering Department Stanley Electric Co., Ltd. 2-9-13, Nakameguro, Meguro-ku Tokyo 153, Japan

Dear Mr. Miyazawa:

This responds to your August 4, 1980, letter asking whether several vehicle components would be required to comply with Standard No. 302, Flammability of Interior Materials. In particular you ask whether a headlining lamp, a courtesy lamp installed on a door panel, or various pilot indicator lamps and meters installed in the front panel must comply with the requirements.

As you stated in your letter, Section S4.1 of the standard lists the components required to comply with the standard. Further, that section states that materials designed to absorb energy on contact by occupants must comply with the standard. Since the components that you mention are not listed in S4.1 and since they do not appear to be designed to absorb energy on contact by an occupant, we conclude that they are not required to comply with the standard.

Sincerely,

Frank Berndt Chief Counsel

August 4, 1980

Att.: Mr. James B. Gregory Administrator

U. S. Department of Transportation National Highway Traffic Safety Administrator Washington, D. C. 20590 U. S. A.

Re.: The Components to which FMVSS No.302 is Applied

Dear Mr. Gregory,

In FMVSS No.302 S4.1., the following is prescribed and the components to which this standard applies are mentioned.

S4.1 The portions described in S4.2 of the following components of vehicle occupant compartments shall meet the requirements of S4.3: Seat cushions, seat backs, seat belts, headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, mattress covers, and any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.

We would like to ask you whether the following components are applied to by this standard.

1. Room lamp installed on the headlining

2. Courtesy lamp installed on the door panel

3. Various pilot indicator lamps and various meters installed on the front panel

Thanking you in advance for your cooperation,

Yours faithfully,

Stanley Electric Co., Ltd.

H. Miyazawa Director, Automotive Lighting Engineering Dept.

ha/ha

ID: aiam0707

Dear Mr. Williams: Mr. Toms has asked me to reply to your letter of May 12, 1972, in whic you ask for guidance in regard to the Federal Motor Vehicle Safety Standards (FMVSS) that would apply to equipment described in your brochure.; Your responsibilities under the National Traffic and Motor Vehicl Safety Act of 1966 (the Act) and FMVSS and regulations would depend on the way the equipment is marketed and you should be guided by the following:; >>>1. If you market the body and/or the chassis adaptor unit, the would be considered items of motor vehicle equipment for which there are no applicable standards. Although the standards do not apply, you should assure yourself that no safety-related defects exist.; 2. A person who mounts the chassis adaptor unit on a chassis-cab woul be considered the final stage manufacturer within the meaning of Part 568 of Title 49 of the Code of Federal Regulations and he would be responsible for conformity. The following pertinent publications are enclosed.; 1. The National Traffic and Motor Vehicle Safety Act of 1966. 2. Federal Motor Vehicle Safety Standard No. 108 with amendment effective on January 1, 1972.; 3. Notice of Publications Change. 4. Part 566 of Title 49 of the Code of Federal Regulations Manufacturer Identification.; 5. Part 567 - Certification 6. Part 568 - Vehicles Manufactured in Two or More Stages. 7. Part 573 - Defect Reports. 8. Part 574 -Tire Identification.<<< It is anticipated that many members of my staff will be attendin Transpo 72. They, no doubt, will be very interested in seeing your exhibit as well as the many others that will be there. However, I would recommend that you direct any questions you might have relating to interpretations of the standards and regulations to the Administration.; Thank you for your interest in the programs of the National Highwa Traffic Safety Administration.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: aiam2243

Dear Mr. Manne: This is in reply to your letter of February 26, 1976, to Mr. Guy Hunte of my staff, concerning the use of Lucite AR (plastic) glazing materials in rear windows of buses.; You state that a rubber harness has been designed to allow the plasti glazing to be inserted into the rear window openings of the bus. You further state that once inserted into the rubber harness, the glazing can be easily pushed out and therefore would fall within the definition of readily removable windows. Thus, plastic glazing could be used in such windows.; It is not clear whether the rear bus window you described in you letter would be classified as a readily removable window as defined in Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. However, if the glazing can be pushed out as easily as you say, it is clear that it would not meet the window retention requirements specified in FMVSS No. 217, Bus Window Retention and Release.; Standard No. 205 specifies requirements for glazing and the vehicl locations in which various types of glazing may be used. The standard prohibits the use of plastic glazing in rear windows of buses unless they are readily removable as defined in the standard. However, in response to a petition submitted by General Motors Corporation, we are currently preparing a Notice of Proposed Rule Making (NPRM) that would amend the standard to permit the use of plastic glazing in all bus windows except windshields and windows to the immediate left and right of the driver. We anticipate that this NPRM will be published in the *Federal Register* in the near future.; A copy of Standard No. 205 and Standard No. 217 were previously maile to you. If you have any questions, please do not hesitate to contact me.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: aiam4761

"Dear Mr. O'Donnell: This is in response to your letter to this offic asking whether NHTSA's safety standards apply to vehicles in service on the public roads. Specifically, you were interested in the applicability of NHTSA requirements to a 1977 school bus that was converted to a 'recreational vehicle/house coach' that is now only for personal and family use. The Federal Motor Vehicle Safety Standards (FMVSS) promulgated by this agency apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. The requirement that a motor vehicle or item of motor vehicle equipment comply with all applicable FMVSS applies only until the product is first sold to a consumer. Both before and after a vehicle or item of equipment is first sold to a consumer, any modifications to that product are affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), which states: No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or in 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 . . . . If any of the commercial entities identified in section 108(a)(2)(A) were to make modifications that resulted in a 'render inoperative' violation, the violating commercial entity would be liable for a civil penalty of up to $1,000 for each violation. Please note that this 'render inoperative' provision does not apply to a vehicle owner. The vehicle owner may modify his or her vehicle without violating any Federal requirements, irrespective of whether the modification affects the vehicle's compliance with a safety standard. Please note also that the individual States have the authority to regulate the operation and use of motor vehicles within their borders. Additionally, the individual States have the authority to regulate the modifications that may be made to a vehicle by its owner. You may wish to contact the Department of Motor Vehicles for the State of New York to learn if the State has established any requirements applicable to your use or registration of this vehicle in New York. I hope you have found this information helpful. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam5519

"Dear Mr. Pinoski: This responds to your letter to me in which yo requested an interpretation of the term 'vehicle capacity weight,' as defined in Federal motor vehicle safety standard (FMVSS) No. 110, Tire selection and rims (49 CFR 571.110). I apologize for the delay in our response. FMVSS No. 110 applies to passenger cars. Section S4.3 of the standard requires a placard to be placed on the door of the glove compartment or other accessible place on which shall be displayed, among other things, the 'vehicle capacity weight.' This term is defined in S3 as meaning 'the rated cargo and luggage load plus 150 pounds times the vehicle's designated seating capacity.' You asked how to obtain the 'rated cargo and luggage load,' so that you can calculate vehicle capacity weight. The agency does not define the term 'rated cargo and luggage load' or otherwise regulate how that load is determined. The term simply refers to the vehicle manufacturer's determination of the cargo and luggage carrying capacity of the vehicle. The choice of methodology to be used in making that determination is left to the discretion of the vehicle manufacturer. From a safety standpoint, the important issue is the overall value specified by the vehicle manufacturer as the loaded weight of a vehicle. That value is also known as the gross vehicle weight rating (GVWR). The GVWR informs a vehicle owner how heavily he or she can load a vehicle. The only express regulatory limitation on the GVWR manufacturers may assign to their vehicles is set forth in 49 CFR 567.4(g)(3), which provides that the assigned GVWR 'shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity.' (Emphasis added.) 'Rated cargo load' and 'rated cargo and luggage load' are interchangeable terms. I hope this information is helpful to you. Should you have further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Acting Chief Counsel Enclosure";