ID: nht91-2.13

DATE: March 6, 1991

FROM: Kent Morris -- President, Memory Motors Inc

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4-22-91 from Paul Jackson Rice to Kent Morris (A37; VSA 103(3); Sec. 571.7(e)

TEXT:

Per my phone conversation with Mr. Vinson today, I am writing to explain our product. I would like to know which, if any, NHTSA Guidelines our company should comply with.

Our company manufactures the M-53, a replica of the 19531955 Corvette. We sell the M-53 as a Kit and a Turnkey. We construct our body from fiberglass and do not use any used parts on it. The Kit is sold as a rolling unit. We use a used chassis from a 1978-1985 Chevrolet Monte Carlo. Because it is a unibody chassis, we cut the side frame rails out (which by the way, is the only place on the chassis that has a serial number). We then shorten the wheelbase 6", weld in an "X" frame member and new side rails. (See Drawings). The used rear axle assembly and front end components are also used. On our turnkey model we install a new engine from Chevrolet and we rebuild the automatic transmission.

Information we have received from the State of Texas says that if a vehicle is assembled using any used components (motor, frame, or body), then the person or firm assembling the vehicle is not a manufacturer. Is this correct and does it matter on a national basis?

Our production is very low, about one unit per month. Does production quantity have any bearing on compliance with federal safety laws or emissions?

I am enclosing our sales information to assist you in getting a clear picture of what we do. If you have any other questions please call. I hope you can respond soon. Thank you for your time.

Attachment

MEMORY MOTORS INC.

110 W. AVE. G CONROE, TEXAS 77301 (409)760-3500

M-53 CORVETTE REPLICA ROLLING CHASSIS

$9,500.00

* BODY IS MOUNTED ON CHASSIS AND IS SHIPPED AS A ROLLING UNIT. NO CRATING IS NECESSARY! * THE BODY IS ONE PIECE, HANDLAID FIBERGLASS. IT IS GEL-COATED IN A PRIMER COLOR AND NO BODY WORK IS NECESSARY! * FLOOR PAN, FIREWALL & DASH ARE LAMINATED INTO THE BODY * DOORS, HOOD, TRUNK, & CONVERTIBLE TOP LID ARE ALL FACTORY INSTALLED. THIS INCLUDES HINGES, LATCHES, STRIKERS & RELEASES * CORE MAT IS LAMINATED INTO VARIOUS BODY PANELS TO ADD STRENGTH & SOUND INSULATION * METAL PLATES ARE LAMINATED INTO THE BODY AT 20 DIFFERENT STRESS POINTS TO PROVIDE DURABILITY * BRACKETS ARE SUPPLIED FOR EMERGENCY BRAKE HANDLE, GAS PEDAL, BRAKE PEDAL, STEERING COLUMN & FRONT BUMPER * TRUNK & HOOD SUPPORT MECHANISMS * ALL NECESSARY WEATHERSTRIPPING * RADIATOR SUPPORTS * LATE MODEL GM CHASSIS READY FOR RECONDITIONING * WHEELBASE IS SHORTENED 6" * CUSTOM 2 X 4 "X-FRAME", MOTOR MOUNTS & BODY MOUNTS ARE WELDED INTO CHASSIS * REMOVABLE TRANSMISSION CROSSMEMBER BOLTS INTO "X" FRAME * 2"DROPPED SPINDLES ARE INCLUDED

DELUXE ROLLING CHASSIS

$10,800.00

* IN ADDITION TO THE ROLLING CHASSIS OUTLINED ABOVE, THE DELUXE CHASSIS HAS BEEN SANDBLASTED, PAINTED BLACK & RECONDITIONED WITH NEW PARTS INCLUDING: UPPER & LOWER BALL JOINTS, INNER & OUTER TIE ROD ENDS, TIE ROD SLEEVES, CENTER LINK, IDLER ARM, UPPER & LOWER A-FRAME BUSHINGS STABILIZER BAR LINK KITS & BUSHINGS, FRONT BRAKE PADS & CALIPERS, REAR BRAKE SHOES & WHEEL CYLINDERS, FRONT & REAR GREASE SEALS, BRAKE HOSES & SHOCKS * DIFFERENTIAL IS INSPECTED & SERVICED * DRUMS & ROTORS ARE RESURFACED * FRONT SPRINGS ARE MODIFIED & DROPPED SPINDLES ARE INSTALLED

PRICES EFFECTIVE DECEMBER 1, 1990

M-53 OPTIONS

COMPLETE 65 PIECE CHROME TRIM PACKAGE..................$3,900.00 1. AUTHENTIC TIGER TEETH, GRILL BAR & OVAL 2. BODY SIDE MOLDINGS INCLUDING GULL WINGS 3. FRONT & REAR BUMPERETTES 4. HEADLIGHT BEZELS & SCREENS 5. REAR LICENSE PLATE BEZEL & PLEXIGLASS LENSE 6. EXHAUST BEZELS 7. FRONT & REAR CENTER BUMPERS

8. DEFROSTER VENTS 9. W/S WASHER NOZZELS 10. DASH & DOOR MIRRORS 11. CONSOLE, SEAT SURROUND & TOP OF DOOR MOLDINGS

UPHOLSTERY PACKAGE.....................................$1,400.00

1. SEATS, DOOR & KICK PANELS, DASH & DOOR TRIM COME FULLY UPHOLSTERED 2. QUALITY LOOP CARPETING WITH JUTE PADDING, PRE-CUT TO FIT INTERIOR & TRUNK COMPARTMENTS & SOFT TOP SHELF 3. SEAT FRAMES WITH ADJUSTABLE SLIDES ON LEFT

INSTRUMENTATION PACKAGE................................$1,600.00

1. HEAD, TAIL, PARKING & LICENSE LIGHT ASSEMBLIES 2. CLOCK, TACHOMETER, FUEL LEVEL, OIL PRESSURE & TEMPERATURE GUAGES WITH SENDING UNITS 3. CUSTOM WIRING HARNESS COMPLETE WITH FUSE 4. ORIGINAL STYLE SPEEDOMETER

WINDSHIELD KIT...........................................$975.00

1. CHROME PLATED WINDSHIELD POSTS 2. CHROME PLATED EXTRUDED ALUMINUM UPPER & LOWER WINDSHIELD FRAMES 3. ORIGINAL REPLACEMENT SAFETY GLASS WINDSHIELD 4. RUBBER GASKETS

SOFT TOP PACKAGE.......................................$1,450.00

1. ORIGINAL STYLE FOLDING FRAME WITH BODY MOUNTS 2. ORIGINAL REPLACEMENT CANVAS WITH REAR WINDOW 3. CHROME FRONT LATCHES, REAR LATCHES & RECEIVERS 4. COMPLETELY ASSEMBLED

OTHER OPTIONS

1. HEATING & AIR CONDITIONING SYSTEM....................$795.00 2. CUSTOM BUILT FOUR ROW RADIATOR.......................$325.00 3. 15 GALLON ALUMINUM FUEL TANK.........................$295.00 4. WINDSHIELD WIPER SYSTEM (BLADES,ARMS,CHROME BEZELS, TRANSMISSIONS, LINKAGES, MOTOR W/MOUNTING BRACKET & SWITCH)....................................$330.00

PRICES EFFECTIVE DECEMBER 1, 1990 DONOR PARTS NECESSARY TO COMPLETE THE M-53

*CHEVROLET SMALL BLOCK W/ACCESSORIES *350 THM SHORT TAIL TRANSMISSION *DRIVESHAFT SHORTENED TO 33.5" CTC OF CAPS

*MOTOR & TRANSMISSION MOUNTS *STEERING COLUMN-FLOOR SHIFT, TILT STYLE W/SWITCHES *POWER BRAKE BOOSTER *BRAKE PEDAL ASSEMBLY *ACCELRATER PEDAL, CLIP & CABLE *HORNS *CHARCOAL CANNISTER *TRANSMISSION COOLER LINES, MODULATOR VACUUM LINE & KICKDDOWN CABLE *HEADLIGHT SWITCH ABOVE PARTS MAY BE OBTAINED FROM A 1976 AND UP "G" BODY INCLUDING; MONTE CARLO, GRAND PRIX, CUTLASS, REGAL, & MALIBU

*MASTERCYLINDER (FLAT TOP) *EMERGENCY BRAKE HANDLE ASSEMBLY AND CABLE GUIDE (1982 CHEVETTE) *HOOD RELEASE CABLE *SPEEDOMETER CABLE *FLOOR SHIFTER, FORD PN E6DZ721OF & E3DZ7218A.MODIFY PER MEMORY MOTORS *DUAL EXHAUST SYSTEM *FOUR ROW RADIATOR & HOSES *BATTERY, CABLES & TRAY *CUSTOM STEERING WHEEL *WHEELS & TIRES *FUEL FILLER NECK, HOSE & CAP *SPARE TIRE, JACK & LUG WRENCH

M-53

TURNKEY PRICING

$32,000.00 Base Price, Includes These Standard Features:

*Power Steering *Power Brakes: Front Disc/Rear Drum *New 350 Chevrolet Engine 4 BBL. *Rebuilt 350 Automatic Trasmission *Tilt Wheel *Dual Exhaust *All Around Coil Spring Suspension *Carpeting In Trunk, Soft Top & Passenger Compartments *Spare Tire, Jack And Lug Wrench *Wire Spoke Wheels *Wide White Wall Tires *12 Month/12,000 Mile Warranty

Options

$1,450.00 *Original Style Convertible Top $1,200.00 *A/C And Heater System $1,200.00 *Leather Interior $675.00 *Original Style Steering Wheel

$400.00 *Original Style Shifter $250.00 *Chrome Engine Dress Kit

Call For Information On Models In Stock *Allow 60-90 Days On Non-Stock Orders *Terms Are: 1/3 To Begin, 1/3 In 30-Days, Balance on Delivery.

M-53 CORVETTE REPLICA

ROLLING CHASSIS

$9,500.00

* BODY IS MOUNTED ON CHASSIS AND IS SHIPPED AS A ROLLING UNIT. NO CRATING IS NECESSARY! * THE BODY IS ONE PIECE, HANDLAID FIBERGLASS. IT IS GEL-COATED IN A PRIMER COLOR AND NO BODY WORK IS NECESSARY! * FLOOR PAN, FIREWALL & DASH ARE LAMINATED INTO THE BODY * DOORS, HOOD, TRUNK, & CONVERTIBLE TOP COVER ARE ALL FACTORY INSTALLED. THIS INCLUDES HINGES, LATCHES, STRIKERS & RELEASES * CORE MAT IS LAMINATED INTO VARIOUS BODY PANELS TO ADD STRENGTH & SOUND INSULATION * METAL PLATES ARE LAMINATED INTO THE BODY AT 20 DIFFERENT STRESS POINTS TO PROVIDE DURABILITY * FLOOR PAN, FIREWALL & DASH ARE LAMINATED INTO THE BODY * DOORS, HOOD, TRUNK, & CONVERTIBLE TOP COVER ARE ALL FACTORY INSTALLED. THIS INCLUDES HINGES, LATCHES, STRIKERS & RELEASES * BRACKETS ARE SUPPLIED FOR EMERGENCY BRAKE HANDLE, GAS PEDAL, BRAKE PEDAL, STEERING COLUMN & FRONT BUMPER * TRUNK & HOOD SUPPORT MECHANISMS * ALL NECESSARY WEATHERSTRIPPING * RADIATOR OR SUPPORTS * LATE MODEL GM CHASSIS READY FOR RECONDITIONING * WHEELBASE IS SHORTENED 6" * CUSTOM 2 X 4 "X-FRAME", MOTOR MOUNTS & BODY MOUNTS ARE WELDED INTO CHASSIS * REMOVABLE TRANSMISSION CROSSMEMBER BOLTS INTO "X" FRAME * 2" DROPPED SPINDLES ARE INCLUDED

DELUXE ROLLING CHASSIS

$10,800.00

* IN ADDITION TO THE ROLLING CHASSIS OUTLINED ABOVE,THE DELUXE CHASSIS HAS BEEN SANDBLASTED, PAINTED BLACK & RECONDITIONED WITH NEW PARTS INCLUDING: UPPER & LOWER BALL JOINTS, INNER & OUTER TIE ROD ENDS, TIE ROD SLEEVES, CENTER LINK, IDLER ARM, UPPER & LOWER A-FRAME BUSHINGS STABILIZER BAR LINK KITS & BUSHINGS, FRONT BRAKE PADS & CALIPERS, REAR BRAKE SHOES & WHEEL CYLINDERS, FRONT & REAR GREASE SEALS, BRAKE HOSES & SHOCKS * DIFFERENTIAL IS INSPECTED & SERVICED

* DRUMS & ROTORS ARE RESURFACED * FRONT SPRINGS ARE MODIFIED & DROPPED SPINDLES ARE INSTALLED

M-53 OPTIONS

COMPLETE 65 PIECE CHROME TRIM PACKAGE..................$3,900.00 1. AUTHENTIC TIGER TEETH, GRILL BAR & OVAL 2. BODY SIDE MOLDINGS INCLUDING GULL WINGS 3. FRONT & REAR BUMPERETTES 4. HEADLIGHT BEZELS & HEADLIGHT SCREENS 5. REAR LICENSE PLATE BEZEL & PLEXIGLASS COVER 6. EXHAUST BEZELS 7. FRONT & REAR CENTER BUMPERS 8. DEFROSTER VENTS 9. W/S WASHER NOZZELS 10. DASH & ODOR MIRRORS 11. CONSOLE, SEAT SURROUND & TOP OF DOOR MOLDINGS

UPHOLSTERY PACKAGE.....................................$1,400.00

1. SEATS, DOOR & KICK PANELS, DASH & DOOR TRIM COME FULLY UPHOLSTERED 2. QUALITY LOOP CARPETING WITH JUTE PADDING, PRE-CUT TO FIT INTERIOR & SOFT TOP SHELF 3. SEAT FRAMES WITH ADJUSTABLE SLIDES ON LEFT

INSTRUMENTATION PACKAGE................................$1,600.00

1. HEAD, TAIL. PARKING & LICENSE LIGHT ASSEMBLIES 2. CLOCK, TACHOMETER, FUEL LEVEL, OIL PRESSURE & TEMPERATURE GUAGES WITH SENDING UNITS 3. CUSTOM WIRING HARNESS COMPLETE WITH FUSE BLOCK, RELAYS & FLASHERS 4. ORIGINAL STYLE SPEEDOMETER

WINDSHIELD KIT...........................................$975.00

1. CHROME PLATED WINDSHIELD POSTS 2. CHROME PLATED EXTRUDED ALUMINUM UPPER & LOWER WINDSHIELD FRAMES 3. ORIGINAL REPLACEMENT SAFETY GLASS WINDSHIELD 4. RUBBER GASKETS

SOFT TOP PACKAGE........................................$1,450.00

1. ORIGINAL STYLE FOLDING FRAME WITH BODY MOUNTS 2. ORIGINAL REPLACEMENT CANVAS WITH REAR WINDOW 3. CHROME FRONT LATCHES, REAR LATCHES & RECEIVERS 4. COMPLETELY ASSEMBLED

OTHER OPTIONS

1. HEATING & AIR CONDITIONING SYSTEM......................$795.00 2. CUSTOM BUILT FOUR ROW RADIATOR.........................$325.00 3. 15 GALLON ALUMINUM FUEL TANK...........................$295.00

4. WINDSHIELD WIPER SYSTEM (BLADES, ARMS, CHROME BEZELS, TRANSMISSIONS. LINKAGES, MOTOR W/MOUNTING BRACKET & SWITCH)......................................$330.00

DONOR PARTS NECESSARY TO COMPLETE THE M-53

* CHEVROLET SMALL BLOCK W/ACCESSORIES * 350 THM SHORT TAIL TRANSMISSION * DRIVESHAFT SHORTENED TO 33.5" CTC OF CAPS * MOTOR & TRANSMISSION MOUNTS * STEERING COLUMN-FLOOR SHIFT, TILT STYLE W/SWITCHES * POWER BRAKE BOOSTER * BRAKE PEDAL ASSEMBLY * ACCELRATER PEDAL, CLIP & CABLE * HORNS * CHARCOAL CANNISTER * TRANSMISSION COOLER LINES, MODULATOR VACUUM LINE & KICKDOWN CABLE * HEADLIGHT SWITCH ABOVE PARTS MAY BE OBTAINED FROM A 1976 AND UP "G" BODY INCLUDING; MONTE CARLO, GRAND PRIX, CUTLASS, REGAL, & MALIBU

* MASTERCYLINDER (FLAT TOP) * EMERGENCY BRAKE HANDLE ASSEMBLY AND CABLE GUIDE (1982 CHEVETTE) * HOOD RELEASED CABLE * SPEEDOMETER CABLE * FLOOR SHIFTER, FORD PN E6DZ7210F & E3DZ7213A.MODIFY PER MEMORY MOTORS * DUAL EXHAUST SYSTEM * FOUR ROW RADIATOR & HOSES * BATTERY, CABLES & TRAY * CUSTOM STEERING WHEEL * WHEELS & TIRES * FUEL FILLER NECK, HOSE & CAPE * SPARE TIRE, JACK & LUG WRENCH

ID: nht91-2.14

DATE: March 6, 1991

FROM: Anthony J. Lalikos -- Project Engineer, Titeflex Corporation

TO: Vernon G. Bloom -- Crash Avoidance Division, DOT

TITLE: None

ATTACHMT: Attached to letter dated 5/12/94 from John Womack to Nicholas S. Copass (A42; Std. 106), letter dated 9/29/93 from Nicholas S. Copass to David Elias (OCC-9161), and letter dated 3/18/91 from Arthur H. Neill, Jr. to Anthony J. Lalikos

TEXT:

Enclosed, as per our phone conversation on March 6th, is the information needed to register TITEFLEX Corp. as an approved supplier of bulk brake hose and brake hose assemblies.

TITEFLEX CORPORATION shall be identified by the following marking on its products:

(GRAPHICS OMITTED) (The TITEFLEX Logo)

All Products are manufactured by:

TITEFLEX CORPORATION 603 Hendee Street Springfield, Massachusetts 01109

Phone - (413) 739-5631

Please refer any questions or comments to Doug Colby or Tony Lalikos, and please call us when our registration is confirmed. Thank you.

ID: nht91-2.15

ID: nht91-2.16

DATE: March 7, 1991

FROM: Paul Jackson Rice -- Chief Counsel

TO: Sidney A. Garrett -- President, Brown Cargo Van, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4-25-90 from Stephen P. Wood to J. Douglas Smith (Std. 108); Also attached to letter dated 2-15-91 from Sidney A. Garret to U.S. Department of Transportation, NHTSA (OCC 5732)

TEXT:

This is in reply to your letter of February 15, 1991, asking the agency for an interpretation of Motor Vehicle Safety Standard No. 108 as it pertains to the location of front clearance and identification lamps on truck van bodies.

Specifically, where the chassis-cab is equipped with clearance and identification lamps, you have asked whether this relieves you, as the manufacturer of the van body, from installing additional clearance and identification lamps on the van body. If the answer is no, you have asked whether the van body may be equipped with clearance lamps only, or must it be equipped with both clearance and identification lamps.

We answered a similar request on April 25, 1990, and I enclose a copy of our response for your guidance. With respect to your particular design, the clearance lamps mounted on the cab would not be as near the top of the completed motor vehicle as practicable, and therefore must be located on the van body. However, identification lamps may be mounted on the cab, and your lamps located as shown in your Exhibit 2 would meet Standard No. 108. Identification lamps may also be mounted on the van body, and Exhibit 3 would also meet the location requirements of Standard No. 108.

ID: nht91-2.17

DATE: March 7, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Terry Rowe -- President, Show Trucks U.S.A., Inc.

TITLE: None

ATTACHMT: Attached to letter dated 6-11-90 from Terry Rowe to Office of the Chief Council (OCC 4889)

TEXT:

This responds to your letter asking whether your company would be considered a vehicle "alterer," within the meaning of 49 CFR Part 567 certification, and Part 568 Vehicles Manufactured in Two or More Stages. I apologize for the delay in this response. Based on the statements in your letter that your company modifies only new vehicles before delivery to customers and that the modifications performed by your company do not affect the vehicles' gross axle or gross vehicle weight ratings, your company would be considered an "alterer, and would be subject to additional certification requirements, if the modifications involve something more than the addition, substitution, or removal of "readily attachable" components. A more complete explanation of your responsibilities under NHTSA's laws and regulations follows.

S567.7 imposes additional certification requirements on "a person who alters a vehicle that has previously been certified in accordance with S567.4 or S567.5, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, ..." You stated in your letter that your company can provide features such as a 3-piece seating system, removable headrest, custom walnut steering wheel, and tinted windows. Your company is an "alterer" subject to the requirements of S567.7 to the extent that your modifications do not involve "readily attachable" components.

A determination of whether modifications involve readily attachable, components depends on the degree of difficulty in attaching these components. To ascertain whether the installation involves readily attachable" components, the agency in the past has looked at such factors as the intricacy of installation and the need for special expertise must be taken into consideration. Absent extraordinary ease of installation, NHTSA would not consider modifications involving the addition or substitution of seats, headrests, and steering wheels to involve readily attachable" components. To the extent your company is involved in such modifications, then, it would have to affix an additional certification label pursuant to S567.7. Further, an alterer is considered a "manufacturer" for the purposes of notification and remedy for defects or noncompliances with the safety standards, and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

You should also note that the National Traffic and Motor Vehicle Safety Act sets forth certain prohibitions and requirements that would apply to these vehicle modifications, even if the modifications involved only "readily attachable" components. For example, section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits the sale, offer for sale,

introduction into interstate commerce or importation of any vehicle that does not comply with all applicable Federal motor vehicle safety standards. This provision of Federal law means that all of the vehicles modified by your company must continue to comply with all applicable safety standards after the modifications have been made. In addition, under section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.

For your information, I have enclosed an information sheet which identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of those regulations. Again I apologize for the delay in this response. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of may staff at this address or by telephone at (202) 366-2992.

Attachment

Information sheet from NHTSA dated September, 1985 titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. (Text omitted)

ID: nht91-2.18

DATE: March 7, 1991

FROM: Liam J. Moran -- Hagans, Brown, Gibbs & Moran

TO: Steven Kratzke -- NHTSA

TITLE: Re Brey v. Spalding & Evenflo Companies, Inc.; Our File No. : 3571

ATTACHMT: Attached to letter dated 3-19-91 from Paul Jackson Rice to Liam J. Moran (A37; Std. 213)

TEXT:

This letter will serve to confirm our telephone conversation today and constitute a request for a formal interpretation of Paragraph S5.6.3 of FMVSS 213. My inquiry to the Chief Counsel's Office is whether the manufacturer of a child restraint system is deemed in compliance with Paragraph S5.6.3 which requires that instructions affixed to the child restraint system "shall explain the primary consequences of noting (sec) following the warnings required to be labeled on the child restraint system" if the manufacturer affixes the statement appearing in Paragraph S5.5.2(g) which states as follows:

WARNING! Failure to follow each of the following instructions can result in your child striking the vehicle's interior during a sudden stop or crash. Secure this child restraint with a vehicle belt as specified in the manufacturer's instructions located --.

As I explained to you in our telephone conversation, this firm represents Spalding & Evenflo Companies, Inc. in a products liability action. The plaintiff alleges that even though Evenflo's child restraint system had the warning stipulated in Paragraph S5.5.2(g) of FMVSS 213 affixed to it, Evenflo violated Paragraph S5.6.3 of the regulation by failing to include additional language explaining the "primary consequences of not following the warnings."

I request that the issuance of the Chief Counsel's interpretation be undertaken on an expedited basis given the time constraints of the pending litigation.

Should you have any questions concerning our inquiry, please do not hesitate to call.

ID: nht91-2.19

DATE: March 8, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: A. Kling -- Hamadbik, Ltd.

TITLE: None

ATTACHMT: Attached to letter dated 10-12-90 from A. Kling to U.S. Dept of Transport, NHTSA (OCC 5696)

TEXT:

This responds to your inquiry about the color coding requirements in section S5.1.14 of Federal motor vehicle safety standard No. 116, Motor vehicle brake fluids. (49 CFR 571.116). After noting that DOT 3 and DOT 4 brake fluid must be colorless to amber, you asked what is the color coding range for amber. As explained below, the agency has decided not to specify a numerical or chromatic "range" for the color coding requirements. Instead, the appropriate method for determining compliance to the color coding requirements is through visual inspection.

The purpose of the color coding requirements is to permit easy identification of fluids before they are placed in a vehicle, in order to prevent the mixing of an incompatible fluid in a braking system. At one time, the National Highway Traffic Safety Administration (NHTSA) had proposed color requirements defined in terms of millimicrons. (38 FR 32142, November 21, 1973). However, when the agency later determined that visual inspection for color compliance was adequate, the proposed wavelength bands were deleted. (39 FR 30353, August 22, 1974)

In a subsequent notice, the agency explained that

The specifications for fluid colors are intended to refer to color ranges as generally interpreted in daylight by persons of normal color vision. No color coordinates are proposed, since the fluids may change color in storage or in use (without detriment to the performance of the fluids). (40 FR 56928, December 5, 1975)

Thus, the generally interpreted meaning for "amber" (which is defined as "yellowish-brown" by the Random House Dictionary of the English Language) should be used to determine if a brake fluid complies with the color coding requirements for DOT 3 and DOT 4 brake fluid.

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

ID: nht91-2.2

DATE: February 26, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: William J. Bethurum -- Patent Attorney

TITLE: None

ATTACHMT: Attached to letter dated 12-14-90 from William J. Bethurum to Legal Counsel, U.S. National Highway Safety Commission

TEXT:

Your letter of December 14, 1990, to the "U.S. National Highway Safety Commission" for reply. Our agency, the National Highway Traffic Safety Administration, is the Federal agency responsible for establishing and enforcing the Federal motor vehicle safety standards.

Your client, Mr. E.D. Farnsworth, has asked about "when and how side lights adjacent to the main head lights came to be first used with head lights on automobiles." You have, in turn, asked to be apprised of the regulations which govern new headlamp designs for automobiles and other motor vehicles.

The Federal regulations that apply to motor vehicle headlamps are found in 49 C.F.R. 571.108, Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. The current version of the CFR volume (Parts 400 to 999) containing that standard is updated to October 1, 1990.

We are uncertain as to what you mean by "side lights adjacent to the main head lights". Standard No. 108 requires amber or white parking lamps on the front of passenger cars and other types of motor vehicles whose overall width is less than 80 inches, amber turn signal lamps, and amber front side marker lamps. Other types of lamps that are sometimes found on the front, and on the side at the front, are fog lamps and cornering lamps. They are not required by Standard No. 108, and are permissible as long as they do not impair the effectiveness of the lighting equipment required by the standard.

Standard No. 108, which has been in effect for passenger cars since January 1, 1969 (the mandatory requirement for a side marker lamp replaced the earlier provision giving manufacturers a choice of lamp or reflector effective January 1, 1970), has always prescribed lamp location in general terms. Thus, parking lamps and headlamps are to be installed "at the front" and "as far apart as practicable" (Table IV of Standard No. 108). Similarly, turn signals are to be located "at or near the front and "as far apart as practicable." Amber side marker lamps are to be on the side but placed "as far to the front as practicable." Because Standard No. 108 does not otherwise specify lamp location, we surmise that the head lamp and adjacent side lamp relationship to which you refer resulted from the choice of the vehicle manufacturer within the overall general parameters of the Federal specifications. If you have further questions, we shall be pleased to answer them.

ID: nht91-2.20

DATE: March 8, 1991

FROM: Paul Jackson Rice -- Chief Counsel

TO: Billy S. Peterson -- President, Automotive Safety Testing, Inc. at TRC of Ohio

TITLE: None

ATTACHMT: Attached to letter dated 2-7-91 from Billy S. Peterson to Office of Chief Council (OCC 5709)

TEXT:

This is in reply to your letter of February 7, 1991, to the Office of Chief Counsel asking for a clarification of allowable mounting locations and photometric output requirements for tail/stop lamps on passenger cars.

One of your clients wishes to mount "two-part" stop/tail lamps "so that one lamp is mounted on the fixed quarter panel and a duplicate lamp is mounted on the trunk lid." Each part of the two-part lamp is a combination tail/stop lamp. You have asked whether the minimum photometric requirements must be met by "the lamp mounted to the quarter panel or may the portion mounted on the trunk lid count toward the photometric requirements."

Your "two-part lamp" would be treated as two separate lamps. For purposes of compliance, only one of these two adjacent lamps must be designed to conform to Standard No. 108, and this conformance must be independent of any "contribution" by the adjacent lamp. Although Standard No. 108 permits either the deck or the body mounted lamp to be the complying lamp, it would be our preference that the body mounted lamp be the one that complies, so that the benefit of a conforming stop/tail lamp would be realized during those occasions when the lid may be raised.

ID: nht91-2.21

DATE: March 8, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Louis F. Wilson -- Instant Traffic Lights

TITLE: None

ATTACHMT: Attached to letter dated 2-20-91 from Louis F. Wilson to NHTSA (OCC 5747); Also attached to letter dated 2-20-90 from Louis F. Wilson to NHTSA; Also attached to letter dated 9-1-89 from Louis F. Wilson to NHTSA

TEXT:

This is in reply to your letter of February 20, 1991, with respect to the acceptability under Federal law of your product, the "Instant Traffic Light. I regret that we do not appear to have a record of your earlier letters to the agency on this subject.

The "Instant Traffic Light" is a four-section unit intended to perform three functions, each indicated by a different color. A green light appears when the accelerator is applied, an amber light when the accelerator is released, and a red light when the brakes are-applied. The lamp's shipping carton shows the unit mounted on the rear parcel shelf behind the rear window. The text on the carton says that the lamp is easy to assemble. You have asked whether the product meets Standard No. 108, whether it would be "legal" in the U.S. "and her territories", and whether the product could replace, or be an option to, the requirements of Standard No. 108 for the center high-mounted stop lamp. Finally, of the 16 states that have responded to your inquiry, an equal number (six) have indicated that the lamp is and is not acceptable to them, while the remaining four "said they will follow the Federal requirement."

Standard No. 108 does not permit the center high-mounted stop lamp to be combined with any other lamp. This means that your product could not be used as original equipment on a passenger car, whether as standard equipment or as an option, or marketed and sold as replacement equipment for a center lamp on a passenger car that was originally equipped with it. However, Standard No. 108 does not apply to the "Instant Traffic Light" if it is marketed or sold exclusively for use on passenger cars that were not originally required to be manufactured with the center stop lamp, i.e., those cars that were manufactured before September 1, 1985. Under this circumstance, the question of the legality of use of the device is to be determined by the laws of the individual States. The "territories" are "States" for purposes of this discussion. Since there is no legal prohibition under Federal law for installation of your lamp only on older passenger cars, we presume that the four States that reserved their decision would permit it on pre - 1985 vehicles registered and/or operating within their borders.

We are aware that, nevertheless, there may be some owner interest in replacing original equipment center stop lamps with your product. We would like to advise that such replacement would be a violation of the National Traffic and Motor Vehicle Safety Act, if performed by a manufacturer, distributor, dealer, or motor vehicle repair business. There is no such restriction upon a vehicle owner who performs the

replacement of the lamp himself.

I hope that this responds to your questions.