ID: aiam4569

Dear Mr. Perkins: Secretary Burnley has asked me to respond to you letter of September 7, 1988, with respect to your lighting device. In essence, this is a center high-mounted stop lamp, with turn signal lamps adjacent to it. You believe that high-mounted turn signals 'joined with the rear window brake light should have a dramatic effect on rear and side collisions', but you have been told that 'this conception is at present illegal.' Paragraph S4.4 of Federal Motor Vehicle Safety Standard No. 108 states that 'no high-mounted stop lamp shall be combined with any other lamp or reflective device.' We interpret this as prohibiting lamps or reflective devices that share a single lens or compartment with the center highmounted lamp. Your device shows lamps adjacent to the center highmounted lamp but not combined with it. Therefore, your device is not prohibited by that paragraph of the standard if you wish to market this device as original equipment. The next question to ask is whether it impairs the effectiveness of required lighting equipment (paragraph S4.1.3), principally the center stoplamp. For example, if the yellow turn signals were too bright or if the color of the turn signal were red, these lamps might 'impair the effectiveness' of the center stoplamp. However, this is a determination to be made, in the first instance, by the manufacturer of the vehicle who must certify compliance with Standard No. 108. If you wish to sell your device in the aftermarket, it is acceptable under Federal law if its installation does not adversely affect the operation of motor vehicle equipment installed in accordance with a Federal motor vehicle safety standard so that the equipment would no longer comply with the standard. Assuming that the installation does not have this effect, the legality of installing or using such a device must then be determined according to the laws of any State in which a vehicle so equipped is registered or operated, and these auxiliary lamps must comply with any State requirements. We cannot advise you on State laws. One source of advice is the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203. Sincerely, Erika Z. Jones Chief Counsel;

ID: aiam4037

Dear Mr. Khan: This responds to your letter to this agency, asking how our regulation affect the importation and sale of tires in the United States. There are several applicable requirements set forth in our standards and regulations, which are discussed below.; All tires imported into the United States for use on passenger car must be certified as complying with Federal Motor Vehicle Safety Standard No. 109 and all tires imported for use on other types of motor vehicles must be certified as complying with Federal Motor Vehicle Safety Standard No. 119. I have enclosed copies of both of these standards for your information. You will see that the standards specify performance requirements (strength, endurance, high speed, and, for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements which must be satisfied by each tire sold in the United States.; With respect to these performance requirements, you stated that th tires' manufacturers 'have our approval for the DOT markings.' The United States does not give 'approval' for certification markings. For the purposes of our safety standards, a tire manufacturer must itself certify that its tires comply with all the requirements of the applicable safety standards. Once a tire manufacturer determines that its tires satisfy the applicable requirements, it certifies that compliance by molding the letters 'DOT' on one sidewall of each certified tire.; For purposes of enforcement of the safety standards, this agenc conducts spot checks of tires after they have been certified, by purchasing and testing the tires in accordance with the applicable standard. If the tires pass the test, no further steps are taken.; If the tires fail the tests and are determined not to comply with th applicable standards or if it is determined that the tires contain a safety-related defect, the manufacturer of the tires is required to remedy the problem. Your company would be considered the manufacturer of the tires, because you are the brand name owner and the importer. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of tires that fail to comply with a standard or contain a safety-related defect, the manufacturer may elect to either:; >>>(1) repair the tires so that the defect or noncompliance is removed or; (2) replace the tire with an identical or reasonably equivalent tir that does not have the defect or noncompliance. <<<; Whichever of these options is chosen, the tire manufacturer must bea the expense and cannot charge the tire owner for the remedy.; It is a simple matter to check the tires to see that the markin requirements of the respective standards are satisfied.; With respect to the tire and rim matching information, thi information, together with the loading schedules for the tire size (the loading schedules show the maximum load the tire can carry at designated inflation pressures) must either be set forth in a current standardization organization publication or be furnished by the manufacturer to each of its dealers and in duplicate to this agency. You may wish to obtain a copy of the most current publication by the American standardization organization to see if your company can use the loading schedules and tire and rim matching information published therein for the particular tire sizes you wish to sell in the United States. That publication may be ordered by sending $8.50 plus postage costs to: The Tire and Rim Association, 3200 West Market Street, Akron, Ohio 44313. If the tire sizes and corresponding rims listed in that publication for your tire sizes are satisfactory, you need take no further steps to comply with this requirement. However, if your sizes are not listed or your company believes different values should be assigned, you may consult the publications of other standardization organizations or you may elect to furnish the appropriate information to this agency and to each of your dealers. I am enclosing a copy of another regulation that applies to the tires you seek to import, 49 CFR Part 574, *Tire Identification and Recordkeeping*. Section 574.7 of this regulation requires your company, as the brand name owner of new tires, to furnish an adequate supply of tire registration forms to dealers selling your tires. These forms are used to record the name and address of the first purchaser of each tire. The completed forms will be returned to you, or some party designated by your company. Your company is required to maintain the information on the tire registration forms for a period of not less than three years from the date on which you or some designee receive the information.; Further, Part 574 requires every tire sold in this country to b labeled with certain information (see S574.5), including the identification mark assigned to the manufacturer. To get an identification mark, the actual manufacturer of the tires must provide the information specified in S574.6 of the regulation. A different identification mark will be assigned to each of the manufacturer's different plants. Please note that an identification mark will be assigned only to the actual manufacturer of the tires, and not to your company which only imports the tires. This is because S574.5 requires that this identification mark be molded into or onto all new tires. The only party that can mold the mark into or onto the tire is the actual manufacturer. An identification mark is normally assigned within two weeks after the receipt of such a request.; However, the identification mark will *not* be assigned until thi agency has received a valid designation of agent from the tire manufacturer, as required by 49 CFR Part 551 (copy enclosed). This regulation requires all manufacturers located outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. Part 551 requires that the designation of agent contain the following six items of information:; 1. A certification that the designation is valid in form and binding o the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business and mailing addres of the foreign tire manufacturer,; 3. Marks, trade names, or other designation of origin of any of tha manufacturer's tires which do not bear the name of the company,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the foreign tire manufacturer.; 5. A declaration of acceptance duly signed by the agent appointed b the foreign tire manufacturer, and the agent may be an individual or a U.S. firm or corporation, and; 6. The full legal name and address of the designated agent. If you need any further information or a clarification of some of th information set forth in this letter, please contact Steve Kratzke of my staff at this address or by telephone (202) 426- 2992.; Sincerely, Erika Z. Jones, Chief Counsel

ID: NCC-230816-001 Antolin Sun Visor

May 17, 2024

Dr. Enrique Curiel Sanz
Passive Safety Manager – Engineering Shared Services
Grupo Antolin
Enrique.curiel@grupoantolin.com 

Dr. Curiel Sanz, 

This responds to your email to the National Highway Traffic Safety Administration (NHTSA) concerning the standards that sun visors must meet under the Federal Motor Vehicle Safety Standards (FMVSS). Your question concerns evaluation of sun visors, specifically how NHTSA determines if the sun visor is covered in an energy absorbing material. Please note that our answer below is based on our understanding of the specific information provided in your email. 

Background 

NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. Chapter 301) to issue federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to self-certify that their vehicles and equipment conform to all applicable FMVSS in effect on the date of manufacture. NHTSA also investigates safety-related defects. 

In your July 19, 2023 message, you asked about the evaluation criteria for sun visors. Specifically, you asked whether sun visors are tested with a pendulum to determine if they are made of an energy absorbing material, and if so, which criteria are used to determine whether the sun visor passes or fails the test. On July 24, 2023, NHTSA responded to your message, indicating that the sun visor requirements in FMVSS No. 201 require that the visor be constructed of or covered with energy absorbing material and that each sun visor mounting present no rigid material edge radius of less than 3.2 mm that is statically contractable by a spherical 165 mm diameter head form. Thereafter, you requested clarification as to how a manufacturer may confirm that a visor’s material meets the definition of “energy-absorbing,” such as material composition or testing under impact conditions. 

Discussion 

As explained, under the Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. Given
 

1 49 U.S.C. 30115. 

Page 2 

Dr. Enrique Curiel Sanz 

this “self-certification” regime, NHTSA does not certify or approve motor vehicles or motor vehicle equipment for compliance with the FMVSS. Manufacturers may not certify a vehicle or item of motor vehicle equipment if, “in exercising reasonable care, [they have] reason to know the certificate is false or misleading in a material respect.”
2 

FMVSS No. 201, “Occupant protection in interior impact,”3 establishes performance requirements designed to reduce the risk of injury in the event an occupant strikes the interior of a vehicle during a crash. Paragraph S5.4 of the standard requires that sun visors be “constructed of or covered with energy-absorbing material” and that the visor’s mounting must “present no rigid material edge radius of less than 3.2 mm that is statically contactable by a spherical 165 mm head form.” The purpose of this requirement is to reduce the injuries that occur when occupants strike the visor or visor mounting with their heads.  

The standard does not further define “energy-absorbing.” Moreover, neither the standard nor NHTSA’s own test procedure4 provides a performance-based or material definition of energy-absorbing, or a test for measuring the energy-absorption capability of sun visor material. Further, the laboratory test procedure for assuring compliance with the standard requires only that the sun visor be made of an energy-absorbing material; no further guidance is provided. Therefore, the responsibility is with the manufacturer to self-certify that the material from which sun visors are constructed or with which they are covered is energy-absorbing to meet the requirements of this standard. 

In so doing, please note that in addition to meeting the S5.4 requirements, S4.2 dictates that vehicles must also comply with the requirements of S6. S6.1.4.2 in turn requires that new vehicles meet the performance standards set forth in S7. Therefore, in addition to the requirement that sun visors be constructed of or covered in an energy absorbing material, manufacturers of sun visors must construct them in such a manner as to ensure compliance with the performance standard of S7 when installed in a vehicle. Compliance with S7 will ensure that the sun visors meet the performance standard, which is what NHTSA requires, along with ensuring that all components are free of safety defects. 

I hope this information is helpful. If you have any further questions, please feel free to contact Terrence Sommers of my staff at the address above or at (202) 366-7577. 

Sincerely,
Adam Raviv
Chief Counsel
 

2 Id.
3 Available at https://www.govinfo.gov/content/pkg/CFR-2022-title49-vol6/pdf/CFR-2022-title49-vol6-sec571-201.pdf (last accessed May 16, 2024).
4 Available at https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/tp-201-02a_tag.pdf (last accessed May 16, 2024).

Dated: 5/17/24
Ref: Standard No. 201

ID: aiam2192

Dear Mr. Witt: This responds to your January 29, 1976, questions whether a owner-operator of a vehicle manufactured to comply with Standard No. 121, *Air Brake Systems*, may legally disconnect portions of the brake system after a vehicle is delivered, or specify that the vehicle be delivered without certain portions of the brake system installed. your members are asking about the antilock portion of the brake systems installed to meet the 'no lockup' provisions of the standard (S5.3.1).; Two provisions of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. S 1381 *et seq*.) are involved. Section 108(a)(1)(A) prohibits the sale of any vehicle unless it complies with all applicable safety standards that were in effect on the date of the vehicle's manufacture. This means that a member cannot purchase a newly-constructed tractor with portions of the brake system disconnected, if those portions are installed in compliance with the standard. The antilock portions of the system are, as far as I know, installed in compliance with the standard and therefore cannot be disconnected prior to sale.; Section 108(a)(2)(A) with which you are familiar prohibits, with on exception, knowing disconnection of the antilock system by manufacturers, distributors, dealers, repair businesses. Thus, there is no prohibition on disconnection by an owner- operator of his own vehicle's system under the Traffic Safety Act. However, other State or Federal statutes, or the regulations of the Bureau of Motor Carrier Safety may prohibit disconnection. In any case, the NHTSA urges that you not disconnect safety devices without consultation with the vehicle manufacturer with regard to the safest configuration of the vehicle.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam5110

"Dear Mr. Cassese: This responds to your letter of November 19, 1992 Your letter describes your invention called a 'Head Rest Extension.' You asked if this invention would comply with Federal Motor Vehicle Safety Standards Nos. 201, 202, and 208. By way of background information, the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, 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 has exercised its authority to establish four safety standards which could be relevant to a head rest extension: Standard No. 201, Occupant Protection in Interior Impact, Standard No. 202, Head Restraints, Standard No. 208, Occupant Crash Protection, and Standard No. 302, Flammability of Interior Materials. These four standards apply only to new vehicles, not to items of individual equipment. If the head rest extension were installed before the vehicle's first purchase for purposes other than resale, the vehicle would have to be certified as complying with all applicable standards, including these four, with the head rest extension installed. However, as you have explained in a phone conversation with Mary Versailles of my staff, your product is intended to be an item of after-market equipment. After a vehicle's first purchase for purposes other than resale, i.e., the first retail sale of the vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides that: 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 ... in compliance with an applicable Federal motor vehicle safety standard. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note that the 'render inoperative' prohibition does not require manufacturers, distributors, dealers, and repair businesses to certify that vehicles continue to comply with the safety standards after any aftermarket modifications are made. Instead, 'render inoperative' prohibits those entities from performing aftermarket modifications that they know or should know will result in the vehicle no longer complying with the safety standards. Please note also that the 'render inoperative' prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your head rest extension in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles. You should also note that a head rest extension would be considered 'motor vehicle equipment' within the meaning of the Safety Act. Therefore, if it contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, you would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge. I have enclosed an information sheet for new manufacturers of motor vehicle equipment that briefly explains the responsibilities imposed on manufacturers, and tells how to get copies of the relevant laws and regulations. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

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: aiam3930

Dear Ms. Ho: This responds to your letter to Mr. Radovich of this agency' Rulemaking Division, seeking an interpretation of Standard No. 213, *Child Restraint Systems* (49 CFR S571.213). Specifically, you asked if a child restraint which has been certified as meeting the Japanese safety standard could automatically be considered as complying with Standard No. 213, and, if not, asked for the names and addresses of the U.S. testing laboratories.; There is no requirement that the measures, such as testing, taken by manufacturer to demonstrate it exercised due care to produce an item of equipment in accordance with Standard No. 213, be performed in this country. If a foreign standard is essentially identical to Standard No. 213, then it may be that the efforts made by a manufacturer in a foreign country to show compliance with that country's standard could form the basis for the manufacturer's certification that its product complied with Standard No. 213. The adequacy of those efforts would depend on a variety of factors, including the degree of similarity between the standards and the resources available to the manufacturer to determine its compliance. For additional information relating to your question, please see the enclosed letter written last year to an Austrian child restraint manufacturer. That letter explains in detail the procedures for certifying compliance with Standard No. 213.; For purposes of enforcing Standard No. 213, this agency conducts spo checks of child restraints after they have been certified by the manufacturer as complying with the standard, by purchasing child restraints and testing them in accordance with the procedures specified in the standard. If the child restraints pass those tests, no further steps are taken.; If a child restraint fails the tests and is determined not to compl with Standard No. 213 or if it is determined that the child restraint contains a safety- related defect, the manufacturer of the child restraint is required to remedy the problem. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety- related defect, the manufacturer may elect to either:; (1) repair the child restraint so that the defect or noncompliance i removed, or; (2) replace the child restraint with an identical or reasonabl equivalent restraint which does not have the defect or noncompliance.; Whichever of these options is chosen, the child restraint manufacture must bear the expense and cannot charge the child restraint owner for the remedy.; Should you have any further questions or need more information on thi subject, please contact Mr. Stephen Kratzke of my staff at this address.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam5014

"Dear Mr. Jacoby: I have been asked to respond to your April 6, 199 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard... This provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this 'render inoperative' prohibition are punishable by civil fines of up to $1,000 per violation. I note that the 'render inoperative' prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203. Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Finally, I have enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam3529

Dear Mr. McCalmon: This responds to your letter to Mr. Kratzke of my staff concerning th Federal requirements for vehicle wheels that are to be imported into the United States. You noted in your letter that the wheels would be for 'original equipment on passenger vehicles and non-passenger vehicles (recreation vehicles).' There are two Federal Motor Vehicle Safety Standards which apply to wheel rims. There are no standards applicable to the rest of the wheel assembly, however.; The two applicable standards are No. 110, *Tire selection and rims passenger cars,* and No. 120, *Tire selection and rims for motor vehicle other than passenger cars*. I have enclosed copies of both standards, along with Standard Nos. 109 and No. 119, which are applicable to tires. For those passenger car rims you manufacture there are two requirements, specified in section S4.4 of Standard No. 110. First, the rim must be constructed to the dimension of one of the rims that is listed under definition of a test rim in Standard No. 109. This means that the rim must comply with the dimensional specifications shown for that rim size in the current publications of specified standardization organizations, such as the Tire & Rim Association, the European Tyre and Rim Technical Organization, or the Deutsches Institut fur Normung. Second, in the event of a rapid loss of inflation pressure with the vehicle travelling in a straight line at 60 miles per hour, the rim must retain the deflated tire until the vehicle can be stopped with a controlled braking applications.; For those rims you manufacture for use on vehicles other than passenge cars, Standard No. 120 also specifies two requirements: The first requirement, set forth in section S5.1.1, is that the rims on a vehicle must correspond with the size tire on the vehicle, i.e., be listed as suitable by the tire manufacturer, pursuant to either Standard No. 109 or No. 119. This would be done in the publications of the standardization organizations, as explainted (sic) above. This requirement is the responsibility of the vehicle manufacturer, since only it knows what size tires will actually be on the vehicle. The second requirement, set forth in section S5.2, is that the second requirement,, set forth in section S5.2, is that the rim must be marked with certain specified information.; When a rim manufacturer determines that its rims comply with th requirements outlined above, it may certify the rims and sell them in the United States. In your letter, you inaccurately stated that there is no a(sic) specific DOT certification for rims. While there is no specific DOT certification number, as required by some other standards for item of equipment other than rims, a manufacturer must always certify that each item of motor vehicle equipment complies with all applicable Federal motor vehicle safety standards, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1403)(copy enclosed). That section specifies that the certification for items of motor vehicle safety equipment, including rims, may be in the form of a label or tag on the item, or on the outside of a container in which the item is delivered. All of your rims to be sold in this country must contain such a certification.; The United States does not use a certification process similar to th EEC, in which the manufacturer delivers the item to be certified to the governmental entity, and that entity tests the item to determine if it can be certified. Instead, in the United States, the individual manfuactuer(sic) must certify that the product complies with all applicable standards. Further, this agency does not require that a certification be based on actual tests of the equipment, we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer to determine in the first instance exactly what data or information it needs to allow it to certify that the equipment meets all applicable Federal standards. Obviously, with respect to the requirements for rims, a manufacturer is not expected to test if the rims have the necessary markings or if the rim size is listed in one of the publications of a standardization organization.; Should you have any further questions about these standards, feel fre to contract me. If you need further information about the actual process of importing the rims into the United States or the form for the certification, you can contact the U.S. Customs Service Duty Assessment Division at 1301 Constitution Avenue, N.W., Washington, D.C. 20229.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3530

Dear Mr. McCalmon: This responds to your letter to Mr. Kratzke of my staff concerning th Federal requirements for vehicle wheels that are to be imported into the United States. You noted in your letter that the wheels would be for 'original equipment on passenger vehicles and non-passenger vehicles (recreation vehicles).' There are two Federal Motor Vehicle Safety Standards which apply to wheel rims. There are no standards applicable to the rest of the wheel assembly, however.; The two applicable standards are No. 110, *Tire selection and rims passenger cars*, and Standard No. 120, *Tire selection and rims for motor vehicles other than passenger cars*. I have enclosed copies of both standards, along with Standards Nos. 109 and No. 119, which are applicable to tires. For those passenger car rims you manufacture there are two requirements, specified in section S4.4 of Standard No. 110. FIrst, the rim must be constructed to the dimensions of one of the rims that is listed under the definition of a test rim in Standard No. 109. This means that the rim must comply with the dimensional specifications shown for that rim size in the current publications of specified standardization organizations, such as the Tire & Rim Association, the European Tyre and Rim Technical Organization, or the Deutsches Institut fur Normnug. Second, in the event of a rapid loss of inflation pressure with the vehicle travelling in a straight line at 60 miles per hour, the rim must retain the deflated tire until the vehicle can be stopped with a controlled braking application.; For those rims you manufacture for use on vehicles other than passenge cars, Standard No. 120 also specifies two requirements. The first requirement, set forth in section S5.1.1, is that the rims on a vehicle must correspond with the size tire on the vehicle i.e., be listed as suitable by the tire manufacturer, pursuant to either Standard No. 109 or No. 119. This would be done in the publications of the standardization organizations, as explainted (sic) above. This requirement is the responsibility of the vehicle manufacturer, since only it knows what size tires will actually be on the vehicle. The second requirement, set forth in section S5.2, is that the rim must be marked with certain specified information.; When a rim manufacturer determines that its rims comply with th requirements outlined above, it may certify the rims and sell them in the United States. In your letter, you inaccurately stated that there is no (sic) a specific DOT certification for rims. While there is no specific DOT certification number, as required by some other standards for items for equipment other than rims, a manufacturer must always certify that each item of motor vehicle equipment complies with all applicable Federal motor vehicle safety standards, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1403) (copy enclosed). That section specifies that the certification for items of motor vehicle safety equipment, including rims, may be in the form of a label or tag on the item, or on the outside of a container in which the item is delivered. All of your rims to be sold in this country must contain such a certification.; The United States does not use a certification process similar to th EEC, in which the manufacturer delivers the item to be certified to the governmental entity, and that entity tests the item to determine if it can be certified. Instead, in the United States, the individual manufactuer (sic) must certify that the product complies with all applicable standards. Further, this agency does not require that a certification be based on actual tests of the equipment, we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer to determine in the first instance exactly what data or information it needs to allow it to certify that the equipment meets all applicable Federal standards. Obviously, with respect to the requirements for rims, a manufacturer is not expected to test if the rims have the necessary markings or if the rim size is listed in one of the publications of a standardization organization.; Should you have any further questions about these standards, feel fre to contact me. If you need further information about the actual process of importing the rims into the United States or the form for the certification, you can contact the U.S. Customs Service Duty Assessment Division at 1301 Constitution Avenue, N.W., Washington, DC 20229.; Sincerely, Frank Berndt, Chief Counsel