ID: 9019

Mr. Richard A. Wennerberg
Vice President, Marketing Services
American Gas Association
1515 Wilson Boulevard
Arlington, VA 22209

Dear Mr. Wennerberg:

This responds to your request for a letter explaining the status of Federal regulations applicable to compressed natural gas (CNG) containers for motor vehicles and CNG fueled motor vehicles. As you stated, representatives of the National Highway Traffic Safety Administration (NHTSA), an agency of the United States Department of Transportation, met with the American Gas Association (AGA) on August 16, 1993 to clarify your understanding of this agency's statutory authority with respect to the notice of proposed rulemaking for CNG fuel containers and vehicles using CNG as a fuel. (58 FR 5323, January 21, 1993) This letter, which you plan to forward to State officials interested in CNG fueled motor vehicles, summarizes this information.

By way of background information, NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. The Research and Special Programs Administration (RSPA), another agency of the U.S. Department of Transportation, is authorized by Congress to issue standards for containers, including CNG containers, used to transport hazardous materials. RSPA does not have the statutory authority to issue a standard for CNG containers that are used to fuel a motor vehicle. Therefore, if the Federal government were to issue a standard applicable to the manufacture of CNG containers designed to fuel a motor vehicle, NHTSA is the only Federal agency authorized to do so.

At present, NHTSA has not issued any standard applicable to CNG containers, CNG fueled vehicles or any regulation dealing with the conversion of vehicles to be equipped with such containers. Therefore, until such time as a standard is issued, a manufacturer is not required to comply with any NHTSA or Department of Transportation safety standard related to CNG fuel systems.

Nevertheless, manufacturers of CNG containers and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the container or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, NHTSA has certain restrictions on vehicle fuel system conversions, depending on who does the conversion and when the work is done. I have enclosed a discussion that sets forth the implications under our present regulations of converting new and used gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses NHTSA's vehicle alterer requirements (49 CFR 567.7) which apply to work on new vehicles, and the Safety Act's "render inoperative" provision (108(a)(2)(A)), which applies to work on new and used vehicles. Section 108(a)(2)(A) prohibits vehicle manufacturers, distributors, dealers and repair businesses from "knowingly rendering inoperative, in whole or in part, any device or element of design installed ... in compliance" with any FMVSS. If the agency were to ultimately decide to adopt the proposal, it would be necessary for NHTSA to revisit the "render inoperative" issues that relate to vehicle conversions. For example, if NHTSA were to issue a safety standard for CNG containers, all containers manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on new or used vehicles converted to CNG fuel.

In addition to these current regulatory provisions, as mentioned above, NHTSA issued a proposed rule for CNG containers and vehicles using CNG as a fuel. As we explained at the August 16, 1993 meeting, the agency is currently reviewing the comments to the proposal for CNG containers and vehicles using CNG as a fuel. We expect our next regulatory decision in early 1994. As we explained, the January 1993 notice was a proposal and does not necessarily reflect the precise requirements that will be contained in the final rule, assuming that a rule is issued.

If a Standard is issued, each manufacturer would be responsible for certifying that its products meet with the requirements of that standard. This is so because the "Safety Act" establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA does not, however, approve or certify any vehicles or items of equipment. NHTSA also investigates safety-related defects in motor vehicles and items of motor vehicle equipment.

You should also be aware that the Federal Highway Administration (FHWA) of this Department has operational and equipment requirements for commercial vehicles used in interstate commerce. For information about possible FHWA requirements affecting your conversions, you can contact that agency's Chief Counsel's office at (202) 366-0650.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:303 d:10/22/93

ID: nht91-4.19

DATE: June 12, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Michael L. Harmon -- President, Classic Interiors

TITLE: None

ATTACHMT: Attached to letter dated 2-14-91 from Michael L. Harmon to Paul J. Rice (OCC 5721)

TEXT:

This responds to your letter asking whether Standard No. 213, Child Restraint Systems, permits the installation of a built-in child restraint system (i.e., a child restraint system that is an integral part of the vehicle) in a multipurpose passenger vehicle (MPV), and if so, what requirements apply.

As discussed below, a child restraint system built into an MPV would fall within the definition of "child restraint system" in Standard No. 213 and would therefore have to comply with all the provisions of the standard that are generally applicable to child restraint systems. Since such a restraint would not be portable, it would not have to meet any requirement that is, by its own terms, or those of the compliance test procedure for that requirement, specifically applicable to "add-on child restraint systems" only. Since it would be built into an MPV instead of a passenger car, it would not have to meet any requirement that is, for the same reasons, specifically applicable to "built-in child restraint systems" only.

The following sections of Standard No. 213 contain requirements that would apply to a child restraint built into an MPV: S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability). The principle requirements of the standard that would not apply are those in S5.1.1 relating to dynamic performance. In view of the importance of the dynamic performance requirements for ensuring the safety of child restraint systems, we intend to begin rulemaking to apply those requirements to all built-in systems, not just to those installed in passenger cars. In the meantime, we suggest that manufacturers of such systems for MPVs carefully consider whether the systems provide protection comparable to that provided by built-in child restraint systems in passenger cars.

You should also be aware that the National Traffic and Motor Vehicle Safety Act (15 U.S-C- 1381-1431) imposes responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety-related defects. Manufacturers are responsible for ensuring that the vehicles and equipment they manufacture are free from safety-related defects and can perform their intended function safely. If the manufacturer or the agency determines that a safety-related defect (or noncompliance with an FMVSS) exists, the manufacturer is obligated under S151 et seq. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect

or noncompliance may be subject to a civil penalty of up to $1,000 per violation.

LEGAL ANALYSIS

Standard No. 213 applies to child restraint systems for use in motor vehicles and aircraft. See section S3. The term "child restraint system" is defined as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." See section S4. A child restraint system that is an integral part of an MPV would come within this definition.

Some of Standard No. 213's requirements apply generally to "child restraint systems," i.e., without regard to whether a child restraint system is built-in or add-on or whether, if it is built-in, it is installed in a car or other type of vehicle. Since a child restraint system which is an integral part of an MPV comes within the definition of "child restraint system," it is required to meet all such requirements unless excepted. The following sections of Standard 213 contain requirements which apply generally to "child restraint systems": S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability).

In a number of instances, however, particularly with respect to dynamic performance, Standard No. 213 either specifies separate requirements for "add-on child restraint systems" and "built-in child restraint systems," or provides a test procedure for these two types of child restraint systems only. The standard defines "add-on child restraint system" without respect to the type of vehicle to which it might be added, i.e., as "any portable child restraint system." The term "built-in child restraint system" is defined more restrictively, as "any child restraint system which is an integral part of a passenger car." (Emphasis added.) A child restraint system which is an integral part of an MPV does not come within either of these definitions, since such a restraint is neither portable nor a part of a passenger car. Therefore, Standard No. 213's requirements for "add-on child restraint systems" and "built-in child restraint systems," do not apply to a child restraint system which is an integral part of an MPV. Similarly, those requirements for which the standard specifies a test procedure for "add-on child restraint systems" and "built-in child restraint systems" only do not apply to a child restraint system which is an integral part of an MPV.

I hope this information is helpful. Please contact us if you have further questions.

ID: 002769drn

J. Adam Krugh IV
Inventor
ALLSTOP
3912 West 73^rd Terrace
Shawnee Mission, KS 66208

Dear Mr. Krugh:

This responds to your request for an interpretation of how the National Highway Traffic Safety Administrations (NHTSAs) regulations apply to a device you have invented, a red lamp to be placed on school bus roofs, that you believe would enhance safety for children getting on and off school buses. Our answer is provided below.

You write that your device, the ALLSTOP, is "designed to overcome the line of sight problems created by todays taller vehicles and wider roadways." You believe that with the ALLSTOP, other drivers in all directions of the bus will have adequate visible warning that the bus is loading or unloading children. A brochure accompanying your letter depicts the ALLSTOP as a red lamp attached to a metal rod in the middle of the school bus roof that stands upright perpendicular to the roof.

In a telephone conversation with Dorothy Nakama of my staff, you stated that the ALLSTOP would only stand upright when the school bus door is open. When upright, the device would flash, similar to a "police light" with a rotating halogen lamp, or would flash by a red LED strobe light. At all other times (i.e., when the door is closed and the school bus is in motion), the ALLSTOP is not illuminated and lies flat, parallel to the school bus roof. You state that a motorized base moves the ALLSTOP up and down. You further state that the device can be manually overridden by the school bus driver to not deploy. You state that details about the ALLSTOP, such as the length of the metal rod, the type of lamp used in the device, and its flash rate, are yet to be finalized. You also stated that it is your hope that the ALLSTOP, a patented product, will be used on both new school buses and as aftermarket equipment on school buses that are already owned by schools and school districts.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA has used this authority to issue Standard No. 108, Lamps, reflective devices, and associated equipment. This agency does not provide approvals of motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. Also, it is unlawful for dealers to sell motor vehicles or motor vehicle equipment that do not meet applicable standards.

Under Standard No. 108, non-standard lighting devices are prohibited on new vehicles if they impair the effectiveness of lighting devices required by Standard No. 108. See S5.1.3. It is our opinion that a device such as the ALLSTOP would impair the effectiveness of the required equipment.

S5.1.4 of Standard No. 108 requires school buses to be equipped with a system of four red signal lamps, or four red and four amber signal lamps, designed to meet SAE Standard J887 School Bus Red Signal Lamps, July 1964, and installed at the top and evenly spaced from the vertical centerline of the bus. These lamps must flash alternately at a rate of 60-120 cycles per minute.

As we have said before, traffic safety is enhanced by the familiarity of drivers with established lighting schemes, which facilitates their ability to instantly and unhesitatingly recognize the meaning lamps convey and respond to them. The required school bus signal lamp system provides an important and standardized message. It is our opinion that the addition of a novel signal lamp such as the ALLSTOP that rises from the middle of the school bus roof at the same time as the school bus signal lamp system activates would divert a driver's attention from the required signal lamps and cause confusion with respect to their meaning, and thereby impair the effectiveness of the required lamps. [1] , [2]

With respect to the aftermarket, 49 U.S.C. 30122 has the effect of requiring that the installation of any aftermarket vehicle lamp, by a manufacturer, distributor, dealer, or motor vehicle repair business, must not "make inoperative" any element of design or device installed on a vehicle in accordance with Standard No. 108. As with original equipment, we regard the addition of a novel signal lamp such as the ALLSTOP to make inoperative a vehicle's original required lighting equipment by diverting a driver's attention from the required signal lamps, and causing confusion with respect to their meaning.

Modifications made by a school bus owner itself are not prohibited by our statute. However, we urge owners not to degrade the safety of their vehicles.

I hope this information is helpful. If you have any further questions about lighting issues, please contact Mr. Taylor Vinson. Questions about school bus issues may be addressed to Ms. Dorothy Nakama. Both attorneys may be reached at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108#VSA#571.3
d.5/22/03

ID: 11116a

Mr. Robert R. Brester
Director of Product Engineering
Velvac Inc.
2900 South 160th Street
New Berlin, WI 53151

Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . .)

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new

motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake hose, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety- related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref: 105, 106 NCC-20 EGlancy:mar:9/29/95:62992:OCc 11116 cc: NCC-0l Subj/Chron concurrence: NPS, NSA U:\ncc20\interp\105\1116a.jeg The "make inoperative" provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

ID: 125-006333drn

Mr. Alex Angry
Power Flare
PF Distribution Center
6489 Camden Avenue, Suite 108
San Jose, CA 95120

Dear Mr. Angry:

This responds to your request for an interpretation concerning whether your battery-operated warning device, the "PowerFlare Electronic Beacon," must comply with the requirements of Federal Motor Vehicle Safety Standard No. 125, Warning devices, or any other National Highway Traffic Safety Administration (NHTSA) requirement. As explained below, because the PowerFlare Electronic Beacon has a self-contained energy source, Standard No. 125 does not apply to this product. However, since your product is "motor vehicle equipment," your company is subject to certain NHTSA requirements as the manufacturer of the equipment.

NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

Effective October 31, 1994, NHTSA amended Standard No. l25 so that the standard applies only to warning devices that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. (See 59 FR 49586; September 29, 1994, copy enclosed.) Moreover, Standard No. 125 specifically applies to "devices, without self-contained energy sources." (See S3. Application.)Since the PowerFlare Electronic Beacon is battery-powered, it has a "self-contained energy source."Therefore, Standard No. 125 does not apply to the PowerFlare Electronic Beacon.

Even though not covered by Standard No. 125, the PowerFlare Electronic Beacon is "motor vehicle equipment," and is subject to various provisions of 49 U.S.C. Chapter 301, "Motor Vehicle Safety." "Motor vehicle equipment" is defined at 49 U.S.C. Section 30102(a)(7) as:

(A) any system, part, or component of a motor vehicle as originally manufactured;

(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or

(C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury or death.

In determining whether an item of equipment is considered an "accessory ... to the motor vehicle," NHTSA analyzes two criteria. The first criterion is whether a substantial portion of the expected uses of a product is related to the operation or maintenance of motor vehicles. NHTSA determines expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

Applying these two criteria to the PowerFlare Electronic Beacon, NHTSA concludes that although the device may have non-motor vehicle-related applications, a substantial portion of the expected use of the PowerFlare Electronic Beacon is related to motor vehicles. Your website, www.pfdistributioncenter.com, shows that the PowerFlare Electronic Beacon is marketed for use in conjunction with motor vehicles, to be deployed (in lieu of incendiary flares) on the side of the road in the event a vehicle is disabled. Product literature provided with your letter shows the PowerFlare Electronic Beacon marketed as an economical, "safe and environmentally-friendly" alternative to the incendiary flare. The literature notes that it can be used in situations where flares cannot be used, such as accident scenes where gasoline has spilled. Further, you are marketing the product to ordinary motor vehicle owners and drivers for their purchase. For these reasons, we conclude that your product is an item of motor vehicle equipment.

Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If you or NHTSA should determine that your product contains a safety-related defect, you would be responsible for notifying NHTSA and purchasers of the defective equipment and remedying the problem free of charge. (See 49 CFR Part 573, "Defect and Non-Compliance Responsibility and Reports.")

You write that you intend the PowerFlare Electronic Beacon to be used with commercialbuses. The Federal Motor Carrier Safety Administration (FMCSA), another agency of the U.S. Department of Transportation, has jurisdiction over interstate motor carriers operating in the United States. You should contact the FMCSA for an opinion as to whether that agencys requirements apply to your product. You may contact:

Bob Proferes, Director
Office of Bus and Truck Standards and Operations
Federal Motor Carrier Safety Administration
400 Seventh Street, SW, Room 8302
Washington, DC 20590
Telephone: (202) 366‑5307

In addition, the States regulate the use of vehicles and items of motor vehicle equipment. Some States may regulate the warning devices that operators of vehicles may or must use when a vehicle is stopped. The States can provide information on whether they have any requirements for warning devices to be used with motor vehicles.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:125#VSA
d.10/1/04

ID: 1116a

Mr. Robert R. Brester
Director of Product Engineering
Velvac Inc.
2900 South 160th Street
New Berlin, WI 53151

Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking. The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . .)

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new

motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake hose, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety- related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:105#106 d:10/17/95 The "make inoperative" provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

ID: nht89-2.77

TYPE: INTERPRETATION-NHTSA

DATE: 08/23/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: ROLF DUERR -- PROJECT ENGINEER VOITH TRANSMISSIONS, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 02/10/89 FROM ROLF DUERR -- VOITH TO DOT; RE DOT APPROVAL OF SWAGELOK FITTING; OCC 3123

TEXT: Dear Mr. Duerr:

This is in response to your letter requesting Department of Transportation "approval" of a fitting to be used in air brake systems in conjunction with your company's product, a driveline brake retarder. I apologize for the delay in this response. Your letter explained that your company's brake retarder is designed to be attached to the air brake system on trucks or buses by means of a fitting, and enclosed a sample of the fitting you plan to use. You asked for DOT approval of the fitting. As explain ed below, whether the fitting and associated air hoses are subject to the Federal Motor Vehicle Safety Standards (FMVSS) depends upon how the fittings are attached to the vehicle's air brake system.

This agency has the authority under the National Traffic and Motor Vehicle Safety Act of 1966 to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. We have exercised this authority to establish Standard No. 106 , Brake Hoses (49 CFR @ 571.106; copy enclosed), which applies to motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings.

Your letter did not provide sufficient information for us to offer an opinion as to whether or not the air lines and end fittings used with your product would be considered "brake hoses" and "brake hose end fittings" subject to the requirements of Standa rd No. 106. It has been NHTSA's long-standing position that accessory air lines and end fittings, such as those used in your product, are "brake hoses" and "brake hose end fittings" only if a failure of the line or fitting would result in a loss of pres sure in the vehicle's brake system. (See the enclosed June 5, 1987 letter to Albert Schwarz, and the August 3, 1984 letter to Terry Teeter).

Accordingly, if a failure of the accessory lines or fittings used with your product could result in a loss of pressure in the brake system, the hoses and fittings are subject to all the provisions of Standard No. 106. In this case, the Safety Act specif ies that no person shall

"manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any of those hoses or end fittings unless those hoses and end fittings comply with all of the applicable requi rements in Standard No. 106.

NHTSA has no authority to certify, endorse, or approve in advance any motor vehicles or motor vehicle equipment, including the hoses and end fittings used for this product. Instead, under the Safety Act, the manufacturer is responsible for certifying th at its products meet all applicable safety standards. The manufacturer's certification need not be based on actual tests; the only requirement is that the manufacturer exercise due care when making the certification. Once your company has determined th at these hoses and end fittings comply with the requirements of Standard No. 106, the Standard requires you to make these products with the symbol "DOT" to show your company's certification of compliance.

This agency enforces the requirements of Standard No. 106 by randomly purchasing brake hoses and end fittings that have been certified as complying with Standard No. 106. The certified products are then tested by the agency according to the procedures s pecified in the standard. If the products pass these tests, no further actions are taken.

On the other hand, if the accessory air line running to your product is isolated from the air brake system by means such as a check valve, the hoses and fittings used with your product are not subject to the requirements of Standard No. 106. In this case , your company would not be required to certify that the hoses and fittings used with your product comply with the applicable requirements of Standard No. 106. You would, however, be considered a "manufacturer" of motor vehicle equipment for the purpose s of the Safety Act and our regulations. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your product, your company as the manufacturer must notify purchasers of the safety-related de fect and must either:

(1) repair the parts so that the defect is removed; or

(2) replace the parts with identical or reasonably equivalent parts which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. Similarly, if this product were subject to St andard No. 106, your company would be required to notify owners and remedy without charge to those owners any noncompliance of your product with the requirements of Standard No. 106, as well as remedying any safety-related defect.

For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment.

This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. I hope this information is helpful. Please feel free to contact this office if you have any further questions or need additional information .

Sincerely,

ENCLOSURE

ID: 1985y

Mr. Rolf Duerr
Project Engineer
Voith Transmissions, Inc.
P.O. Box 712
York, PA 17405

Dear Mr. Duerr:

This is in response to your letter requesting Department of Transportation "approval" of a fitting to be used in air brake systems in conjunction with your company's product, a driveline brake retarder. I apologize for the delay in this response. Your letter explained that your company's brake retarder is designed to be attached to the air brake system on trucks or buses by means of a fitting, and enclosed a sample of the fitting you plan to use. You asked for DOT approval of the fitting. As explained below, whether the fitting and associated air hoses are subject to the Federal Motor Vehicle Safety Standards (FMVSS) depends upon how the fittings are attached to the vehicle's air brake system.

This agency has the authority under the National Traffic and Motor Vehicle Safety Act of 1966 to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. We have exercised this authority to establish Standard No. 106, Brake Hoses (49 CFR 571.106; copy enclosed), which applies to motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings.

Your letter did not provide sufficient information for us to offer an opinion as to whether or not the air lines and end fittings used with your product would be considered "brake hoses" and "brake hose end fittings" subject to the requirements of Standard No. 106. It has been NHTSA's long-standing position that accessory air lines and end fittings, such as those used in your product, are "brake hoses" and "brake hose end fittings" only if a failure of the line or fitting would result in a loss of pressure in the vehicle's brake system. (See the enclosed June 5, 1987 letter to Albert Schwarz, and the August 3, 1984 letter to Terry Teeter).

Accordingly, if a failure of the accessory lines or fittings used with your product could result in a loss of pressure in the brake system, the hoses and fittings are subject to all the provisions of Standard No. 106. In this case, the Safety Act specifies that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any of those hoses or end fittings unless those hoses and end fittings comply with all of the applicable requirements in Standard No. 106.

NHTSA has no authority to certify, endorse, or approve in advance any motor vehicles or motor vehicle equipment, including the hoses and end fittings used for this product. Instead, under the Safety Act, the manufacturer is responsible for certifying that its products meet all applicable safety standards. The manufacturer's certification need not be based on actual tests; the only requirement is that the manufacturer exercise due care when making the certification. Once your company has determined that these hoses and end fittings comply with the requirements of Standard No. 106, the Standard requires you to mark these products with the symbol "DOT" to show your company's certification of compliance.

This agency enforces the requirements of Standard No. 106 by randomly purchasing brake hoses and end fittings that have been certified as complying with Standard No. 106. The certified products are then tested by the agency according to the procedures specified in the standard. If the products pass these tests, no further actions are taken.

On the other hand, if the accessory air line running to your product is isolated from the air brake system by means such as a check valve, the hoses and fittings used with your product are not subject to the requirements of Standard No. 106. In this case, your company would not be required to certify that the hoses and fittings used with your product comply with the applicable requirements of Standard No. 106. You would, however, be considered a "manufacturer" of motor vehicle equipment for the purposes of the Safety Act and our regulations. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your product, your company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the parts so that the defect is removed; or

(2) replace the parts with identical or reasonably equivalent parts which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. Similarly, if this product were subject to Standard No. 106, your company would be required to notify owners and remedy without charge to those owners any noncompliance of your product with the requirements of Standard No. 106, as well as remedying any safety-related defect.

For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. I hope this information is helpful. Please feel free to contact this office if you have any further questions or need additional information.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:106 d:8/23/89

ID: 2350y

Mr. Hank Kmiecik
Steerable Carriages
P.O. Box 211
Little York, NJ 08834

Dear Mr. Kmiecik:

This responds to your January 5, 1990 letter requesting our review of your rear wheel steering system for trucks, buses and special application vehicles. This system is intended to replace one rear axle on these vehicles, and when activated, enables the axle to rotate slightly on its vertical axis. It is intended to improve the maneuverability of these vehicles in low-speed situations such as making sharp turns.

During a February 9, 1990 telephone conversation with David Greenburg of this office, you explained that, while your product uses air from the vehicle's compressed air suspension system to operate the axle, it is isolated from the air brake system. You also explained that, as a result of this design, a failure in the air system connected to your product would not affect the operation of the vehicle's braking system.

By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act of 1966 makes manufacturers of motor vehicles or items of motor vehicle equipment responsible for certifying that each of its products conforms with all applicable safety standards.

In this instance, there are no specific provisions in the safety standards that set forth requirements for steerable rear axles. Thus, your company as the manufacturer of such a product would not have to certify that a steerable rear axle complies with any safety standard before offering it for sale to the public. However, the addition of a steerable rear axle to a vehicle before its first sale to the public could affect the vehicle's compliance with various safety standards. In such a case, the manufacturer or alterer that installed this product on a new vehicle would have to certify that the vehicle, with the steerable rear axle installed, complied with all applicable safety standards. For example, installation of the steerable axle could affect the vehicle's compliance with the applicable braking standard (Federal Motor Vehicle Safety Standard No. 121; Air brake systems) or the tire and rim selection standard (FMVSS No. 119; New pneumatic tires for vehicles other than passenger cars).

Of course, you will need to consider other safety effects that operation of the steerable axle system could have. Among these considerations would be ensuring that the trailer's gross axle weight rating (GAWR) is not exceeded when the steering system is in operation and the the trailer is supported by only the steerable axle instead of by both the steerable and fixed axles.

Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your steerable rear axle are subject to the requirements in sections 151-159 of the Vehicle Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your product, your company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the parts so that the defect is removed; or

(2) replace the parts with identical or reasonably equivalent parts which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.

In addition, the use of your product could be affected by section 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from knowingly "rendering inoperative" any device or element of design installed on or in a vehicle to comply with an applicable safety standard. To avoid a "rendering inoperative" violation, the above-named parties should examine the proposed installation instructions for the steerable rear axle and compare those instructions with the requirements of our safety standards, to determine if installing the steerable rear axle in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safety standards. If the installation of the steerable rear axle would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the product can be installed by dealers, distributors, and repair shops without violating any Federal requirements.

The Safety Act places the initial responsibility for determining whether the installation of this steerable rear axle on vehicles would result in a "render inoperative" violation on your company. This agency may reexamine your determination in the context of an enforcement action. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that State laws may apply to your product.

I hope this information is helpful. Please feel free to contact this office if you have any further questions or need additional information.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosure /ref:VSA d:3/l5/90

ID: 21202.drn

James Hill, Esq.
General Counsel
South Carolina Department of
Disabilities and Special Needs
P. O. Box 4706
Columbia, SC 29240

Dear Mr. Hill:

This responds to your January 27, 2000, request for an interpretation regarding our school bus regulations as they apply to the transportation of mentally disabled individuals, most of whom are beyond school age, "to different locations on or about a mental retardation facility." The facility provides training, which you say approximates that of a school, although the method of instruction is typically by way of rote repetition. You write that South Carolina is considering using "a converted 12/15 passenger van" to transport the students.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying a driver and more than 10 persons and which NHTSA decides is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport school students is a "school bus." Persons selling or leasing a new 15-person van for such use must sell or lease a van that meets our school bus standards.

We believe that our school bus standards would not apply to a new bus sold to the facility because most of the participants in the program are adults. Our school bus standards do not apply to buses used for adults who are older than the ages of secondary school students. (The legislative history of our statute does not indicate an intent to apply the school bus standards to buses sold to transport adults. Accordingly, we have always interpreted our school bus definition to exclude buses sold for adult transportation, e.g., buses sold to transport college students.) New buses sold for transporting the adults in your program therefore need not comply with Federal school bus standards. If a dealer were to sell or lease a new bus (e.g., a 15-passenger van) to transport the adults, the dealer need not sell or lease a school bus.

Please note, however, that our school bus regulations might apply if a significant number of persons of secondary school age were regularly being transported by bus. You indicate that some of the students may be under 18 years of age. We would consider persons under 18 years of age receiving instruction by your Department to be students. Therefore, if a dealer were to sell or lease a new bus or new 15-passenger van that would be "likely to be used significantly" by students instructed by your Department for transportation "to or from school or an event related to school," the dealer must sell your Department a bus that meets NHTSA's school bus standards.

To clarify a point you made referring to requirements for the "proper use" of the converted van, NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Federal law does not address the issue of whether you may use a vehicle which does not comply with Federal safety standards to transport school students. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. South Carolina's laws determine whether you may use the bus for the purposes you have in mind. Please ensure that use of the 15-passenger van meets applicable Federal and State requirements for transporting persons with special needs.

If your Department is training or rehabilitating school-age children, we would strongly urge that you provide buses certified as meeting NHTSA's school bus standards to transport them. School buses are one of the safest forms of transportation in this country. Using 12- to 15-person vans that do not meet NHTSA's school bus standards to transport school age students could result in increased liability in the event of a crash.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I hope this information is helpful. If you need further information please feel free to contact Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA#571.3
d.3/30/2000