NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam4031OpenRichard Pertz, Esq., Julian & Pertz, P.C., 1629 Oneida Street, Utica, NY 13501; Richard Pertz Esq. Julian & Pertz P.C. 1629 Oneida Street Utica NY 13501; Dear Mr. Pertz: I regret the delay in replying to your letter of July 12, 1985 regarding interpretations of Standard No. 111, *Rearview Mirrors*. You asked whether the agency has issued any interpretations concerning S5.1.2 of the standard. In addition, you asked whether Ford Motor Company had submitted to the National Highway Traffic Safety Administration (NHTSA) any interpretations of paragraph S5.1.2 of Standard No. 111, regarding requirements for mounting inside rearview mirrors in passenger cars.; This agency administers the National Traffic and Motor Vehicle Safet Act of 1966. As part of its responsibilities, this office issues interpretations of safety standards, upon written request. This agency has issued two interpretations of S5.1.2 of Standard No. 111. Copies of these interpretations are enclosed.; In addition, NHTSA's Office of Vehicle Safety Compliance investigate the compliance of different makes of passenger cars with Standard No. 111 between 1977 and 1981. The Ford passenger car models tested were the Ford LTD, Econoline, and Fiesta and the Mercury Zephyr and Cougar. As part of its submission to the agency in these investigations, Ford provided information on its compliance with S5.1.2. The files are available on microfiche from the Technical Reference Office, Room 5108 (202-426-2768) at the address shown above, and the file numbers are CIR Nos. 1708, 2062, 2063, 2064, and 2245.; Your request in your letter of September 3, 1985, for comments by For on notices of proposed rulemaking on Standard No. 111 has been referred to the Docket Section. They will reply directly to you regarding this information.; I hope this information is helpful to you. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1247OpenMr. A. E. Davies, President, International Bicycle Corporation, P.O. Box 912, Goleta, CA 93017; Mr. A. E. Davies President International Bicycle Corporation P.O. Box 912 Goleta CA 93017; Dear Mr. Davies: This is in reply to your letter of August 21, 1973, to Dr. Gregor concerning your wish to import and sell an 'electric moped'.; Although you did not enclose a pamphlet on the Electra, we are familia with the conventionally powered mopeds. Two-wheeled powered vehicles are 'motorcycles' for purposes of the Federal motor vehicle safety standards and must comply with standards applicable to that category. In addition to Standard No. 108, standards applicable to motorcycle controls (No. 122) and brake systems (No. 123) became (sic) effective January 1, 1974 and September 1, 1974, respectively. The standards are found in Title 49 Code of Federal Regulations Part 571.; The manufacturer of the vehicle, or the importer as a statutor manufacturer, certifies on the basis of his own tests or other engineering information that the vehicle meets all applicable Federal standards at the time of its manufacture. The regulation for this requirement is Part 567 of Title 49. It is a self-certification procedure, subject to penalties for noncompliance, and no 'approval' is obtained from this agency.; Part 555 of Title 49 sets forth the procedures for applying fo temporary exemption from any standard on one of four grounds. Of interest to you will be the exemption procedure for hardship and facilitation of development of low-emission vehicles.; I enclosed an information sheet telling you where you may obtain thes materials.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2629OpenHonorable Dixy Lee Ray, Governor of Washington, Olympia, WA 98501; Honorable Dixy Lee Ray Governor of Washington Olympia WA 98501; Dear Governor Ray: The purpose of this letter is to express this agency's views o legislation recently enacted by the State of Washington, which appears to be preempted by Federal regulation of the same subject matter.; Specifically we understand that R.C.W. S45.37.320 was amended in Ma 1977 to require that motor vehicle 'lighting devices'; >>>'...shall correlate with, and, so far as practicable, conform to th then current standards and specifications of the society of automotive engineers applicable to such equipment and to the headlamp standards established by the United Nations agreement concerning the adoption of approval and reciprocal recognition of approval for motor vehicle equipment and parts done at Geneva on March 20, 1958, as amended and adopted by the Canadian standards association (CSA standard D106.2): *Provided*, that the sale, installation, and use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement, as amended, shall be lawful in this state.'<<<; Under 15 U.S.C. 1392(d): >>>'Whenever a Federal motor vehicle safety standard established unde this title is in effect, *no State* or political subdivision of a State *shall have any authority* either *to establish*, or to continue in effect with respect to any motor vehicle or item of motor vehicle equipment *any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.' [Emphasis added.]<<<; Pursuant to 15 U.S.C. 1392(a) [Section 103(a) of the National Traffi and Motor Vehicle Safety Act of 1966] Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (49 CFR 571.108), has been established, effective January 1, 1972, as the Federal standard for lighting devices both as original and replacement equipment on motor vehicles.; Although Standard No. 108 incorporates by reference many lightin standards of the society of Automotive Engineers (SAE) it contains numerous qualifications of, and variations from, the SAE specifications. Even when Federal requirements and SAE specifications are identical, amendments by the SAE, which occur frequently, do not amend the corresponding Federal requirements. In short, that portion of the amendment to RCW S46.37.320 requiring compliance to SAE specifications does not establish requirements that are identical to those of Standard No. 108 and, in our opinion, are preempted by 15 U.S.C. 1392(d) and of no legal effect.; In addition, the United Nations Agreement, as amended by the Canadia Standards Association, permits the use of motor vehicle headlamps that are not of sealed beam construction and whose candlepower output may exceed 75,000. Further, it does not require that the headlamps be mechanically aimable. Standard No. 108, on the other hand, requires that headlamps on passenger vehicles be of sealed beam construction, imposes a limit of 75,000 candlepower on all but one type of headlamp, and specifies that all headlamps be mechanically aimable. Thus, the United Nations Agreement, as amended by the Canadian Standards Association, does not specify requirements for headlamps that are identical to those of Standard No. 108. This means that this part of the amendment to R.C.W. S46.37.320 is, in our opinion, also preempted by 15 U.S.C. 1392(d), and of no legal effect.; As a consequence, it is our conclusion that any person in Washingto manufacturing for sale, selling, offering for sale, introducing or delivering for introduction in interstate commerce, or importing in the United States through the State of Washington any lighting equipment that does not conform to Standard No. 108, in reliance upon R.C.W. S46.37.320, could be subject to civil penalties for apparent violations of 15 U.S.C. 1397(a) (1) (A) in an amount up to $800,000 (15 1399(a)). There is no preemption, however, of your State's right to specify requirements for lighting equipment not currently included in Standard No. 108 (*e.g.* foglamps).; Section 1392(d) and the Act's preemptive effect have been invariabl upheld. (See *e.g. Chrysler Corp. v. Malloy,* 294 F. Supp. 524 (U.S.D>C. Vt. 1968), *Chrysler Corp. v. Tofany*, 419 F.2d 499 (C.C.A. 2 1969)). We would also observe that the interpretation by an administering agency of its own statutes and regulations, has been viewed by courts as 'of controlling weight.' (*Thorpe v. Housing Authority of Durham* 393 U.S. 268 (1969) quoted with approval in *Chrysler Corp. v. Tofany, supra*, at 512.); We would appreciate the view of the State of Washington on thi subject. Questions on it may be referred to the Chief Counsel of this agency, Joseph J. Levin, Jr.; Sincerely, Joan Claybrook |
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ID: aiam5349OpenMr. Richard Kreutziger Executive Director New York State Bus Distributors Ass'n 102 Grace Street Penn Yan NY 14527; Mr. Richard Kreutziger Executive Director New York State Bus Distributors Ass'n 102 Grace Street Penn Yan NY 14527; Dear Mr. Kreutziger: This responds to your request of April 13, 1994 for an interpretation of Motor Vehicle Safety Standard No. 108. You reference paragraphs S5.5.7(a) and (b) which apply to vehicles of less than 80 inches overall width and ask whether there are similar requirements for wider vehicles. Paragraph S5.5.7(a) requires that ' w hen the parking lamps are activated, the tail lamps, license plate lamps, and side marker lamps shall also be activated.' There is no similar requirement for vehicles whose overall width is 80 inches or more because these vehicles are not required to have parking lamps (see Table I of Standard No. 108). Paragraph S5.5.7(b) requires that ' w hen the headlamps are activated in a steady-burning state, the tail lamps, parking lamps, license plate lamps and side marker lamps shall also be activated.' Paragraph S5.5.3 requires tail lamps on all vehicles, regardless of width, to be activated when the headlamps are activated in a steady burning state. As noted in the preceding paragraph, wide vehicles are not required to have parking lamps. This leaves the question of license plate lamps and side marker lamps. As you have surmised, there is no specific requirement in Standard No. 108 that these lamps be simultaneously activated with the headlamps on vehicles whose overall width is 80 inches or greater. However, we understand that it is industry practice to wire its large vehicles in this manner. We also believe that those who do not wire the side marker lamps to operate with the headlamps include them in the separate switch that activates the clearance and identification lamps. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0235OpenMr. Kenneth L. Rosenberger, 22112 A Sherman Avenue, Riverside, California 92508; Mr. Kenneth L. Rosenberger 22112 A Sherman Avenue Riverside California 92508; Dear Mr. Rosenberger: This is in reply to your letter of April 18, 1970, concerning the us of tires designed for racing purposes for street use.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *e seq.*) prohibits the sale of motor vehicle equipment that does not comply with applicable Federal Motor Vehicle Safety Standards. therefore, it would be a violation of the Act if someone manufactured or sold a passenger tire that did not meet Standard No. 109. However, the Act does not apply the use of non-conforming tires so that it would be the sale of such tires for street purposes, not the use, that would be a violation of the Act.; With regard to your comments that the California Highway Patro considers these tires 'OK' for street use, we understand that the restriction in the California regulations is presently limited to the prohibition of the sale of racing tires for street use but that legislation has been introduced which would prohibit the use of such tires for street purposes.; Sincerely, Rodolfo A. Diaz, Acting Associate Director, Motor Vehicl Programs; |
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ID: aiam0561OpenMiss Vicki Morin, Project Director, National Association of Auto Trim Shops, Auto Trim News, 129 Broadway, Lynbrook, NY, 11563; Miss Vicki Morin Project Director National Association of Auto Trim Shops Auto Trim News 129 Broadway Lynbrook NY 11563; Dear Miss Morin: This is in reply to your letter of December 15, 1971, concerning Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.'; You ask whether the standard applies to new cars manufactured afte September 1, 19072, or to any car sold after that date as well. The standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses manufactured on or after September 1, 1972. Vehicles manufactured before September 1, 1972, which would not be required to comply with the standard, may still be sold after that date.; Your second question is whether the standard applies only to ne vehicles, or whether it also applies to the aftermarket. As the standard applies only to vehicles manufactured on or after its effective date, replacement or aftermarket materials are not subject to its requirements.; A copy of the standard, as well as a copy of a proposed amendment, ar enclosed in accordance with your request.; We are pleased to be of assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4011OpenMr. Rosario Costanzo, 28 Amelia Avenue, Livingston, NJ 07039; Mr. Rosario Costanzo 28 Amelia Avenue Livingston NJ 07039; Dear Mr. Costanzo: Thank you for your letter of June 27, 1985, to Stephen Oesch of m staff requesting information on Federal Motor Vehicle Safety Standards relevant to the importation of a wind deflector to be sold as an aftermarket accessory for specific motor vehicles. You also asked how such a deflector should be certified as meeting our standards. I hope the following discussion answers your questions.; The National Traffic and Motor Vehicle Safety Act authorizes th National Highway Traffic Safety Administration to issue Federal Motor Vehicle Safety Standards which are applicable to motor vehicles and motor vehicle equipment. We have issued Standard No. 205, *Glazing Materials*, which applies to wind deflectors for use in motor vehicles, regardless of their size. Standard No. 205 incorporates by reference Standard ANS Z-26, 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' of the American National Standard Institute. A copy of Standard No. 205 and ANS Z-26 are enclosed for your reference.; Standard No. 205 specifies performance requirements for various type of glazing and also regulates the locations in vehicles in which each type of glazing may be used. The various types of glazing are designated as 'Items' in the standard. Under the requirements of this standard, a wind deflector to be used on a passenger vehicle at locations requisite for driving visibility, such as the devices you wish to import, may be manufactured out of either Item 1, Item 2, Item 4, Item 10, Item 11, or Item 14 glazing materials. You said your deflectors are made of plexiglass. Generally, plexiglass would have to meet the requirements set for Item 4 glazing materials.; Standard No. 205 also sets forth specific certification and markin requirements for glazing materials. The marking requirements for prime glazing material manufacturers (i.e., those, such as Parimor, who fabricate, laminate, or temper the glazing material) that produce glazing designed as a component of a specific motor vehicle are set out in paragraph S6.2 of the standard. Please note that one of the certification requirements is that the manufacturer place its National Highway Traffic Safety Administration-assigned code mark on its products. Our records do not show any code mark assigned to Parimor. Parimor may request a number by writing to our Office of Vehicle Safety Standards at the address shown above.; Under Section 108(a)(1)(A) of the Vehicle Safety Act, new motor vehicl equipment, such as wind deflectors, must comply with applicable safety standards prior to sale. The manufacture, sale, or installation of a deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of Section 108(a)(1)(A). Under Section 109(a), anyone who sells motor vehicle equipment which does not conform to all applicable safety standards is subject to a civil penalty of up to $1,000 for each violation.; Manufacturers and importers of motor vehicle equipment also hav responsibilities under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under Sections 151 *et seq*., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. Again, Section 109(a) imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect or noncompliance in motor vehicle equipment. A copy of the Vehicle Safety Act and an information sheet outlining the responsibilities of vehicle and equipment manufacturers is enclosed for your reference.; Section 110(e) of the Vehicle Safety Act also affects Parimor, th foreign company manufacturing the wind deflector. That section requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as its agent upon whom service of all processes, orders, notices, decisions and requirements may be made. In order for that designation to be valid the following information must be submitted to our office:; 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 manufacturer,; 3. Marks, trade names, or other designations of origin of any of th manufacturer's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,; 5. A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm or a U.S. corporation, and; 6. The full legal name and address of the designated agent. In addition, the designation must be signed by a person with authorit to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam4425OpenMr. John S. Crockenberg 156 Holland Road Ormond Beach, FL 32074; Mr. John S. Crockenberg 156 Holland Road Ormond Beach FL 32074; "Dear Mr. Crockenberg: This is in response to your letter of Februar 26, 1988, concerning antiglare plexiglass shields. I regret the delay in our response. You asked whether Standard No. 103, Windshield Defrosting and Defogging Systems, Standard No. 111, Rearview Mirrors, or any other Federal Motor Vehicle Safety Standard applies to your product, a 4' x 6' x 1/8' parallelogram with rounded corners made of transparent bronze plexiglass with an attached 1/2' diameter suction cup. You noted that this device, which adheres to the interior of automobile windows, deflects obstructive sunglare where conventional sun visors cannot be placed. You also asked what other agency's regulations you should be aware of before you begin to manufacture and market this device, if none of our standards apply. You are correct in assuming that Standard No. 103 and Standard No. 111 do not apply to your product. The only Federal Motor Vehicle Safety Standard that is relevant to your product is Standard No. 205, Glazing Materials. S2 states that one purpose of this standard is to 'ensure a necessary degree of transparency in motor vehicle windows for driver visibility.' S1 and S3 note that Standard No. 205 applies to glazing materials in both motor vehicles and motor vehicle equipment. I am enclosing an agency 'fact sheet,' which concerns the tinting of motor vehicles and motor vehicle equipment. I also am enclosing two previous NHTSA interpretation letters, which concern products similar to your antiglare shield. These letters to Susan House on December 20, 1985 and to Jeffrey Richard on April 16, 1985 explain the effect of Standard No. 205 on a manufacturer of such a product. In response to your second question, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This identifies other agencies whose regulations might be applicable to a new manufacturer's products. I hope this information is helpful. Sincerely, Erika Z. Jones Chief Counsel Enclosures"; |
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ID: aiam0852OpenMr. W.G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley GA 31030; Mr. W.G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in reply to your letter of August 24, 1972, requesting a opinion as to appropriate steps to take in certifying vehicles you complete when the chassis, as delivered to you, are equipped with tires which are inadequate for the loads the vehicles are intended to carry. You state you are presently certifying the vehicles on the basis of the load ratings of correct tires, arranging for these tires to be installed by the dealer, and requesting a notarized statement from him to that effect. As a basis for this procedure, you refer to our previous correspondence to you dated March 24, 1972, in which we authorized a somewhat similar procedure involving certain school buses.; As stated to you in our letter of March 24, the procedure outline therein 'is allowed only as to chassis that have already been received by Blue Bird as of the receipt of this letter . . .' Blue Bird is the final-stage manufacturer, and is responsible for the weight ratings applied to the vehicles presently in question. These ratings must be consistent with the definitions of those terms in the regulations, and must reflect the characteristics of the vehicles at the time of their sale to the consumer, assuming further manufacturing does not occur. Although you receive assurances from a dealer that he will change the tires, this will not absolve you from responsibility under the regulations should the dealer fail to do so. We are of the opinion that the best procedure for Blue Bird to follow is to replace the tires before delivery to the dealer.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0853OpenMr. W.G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley GA 31030; Mr. W.G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in reply to your letter of August 24, 1972, requesting a opinion as to appropriate steps to take in certifying vehicles you complete when the chassis, as delivered to you, are equipped with tires which are inadequate for the loads the vehicles are intended to carry. You state you are presently certifying the vehicles on the basis of the load ratings of correct tires, arranging for these tires to be installed by the dealer, and requesting a notarized statement from him to that effect. As a basis for this procedure, you refer to our previous correspondence to you dated March 24, 1972, in which we authorized a somewhat similar procedure involving certain school buses.; As stated to you in our letter of March 24, the procedure outline therein 'is allowed only as to chassis that have already been received by Blue Bird as of the receipt of this letter . . .' Blue Bird is the final-stage manufacturer, and is responsible for the weight ratings applied to the vehicles presently in question. These ratings must be consistent with the definitions of those terms in the regulations, and must reflect the characteristics of the vehicles at the time of their sale to the consumer, assuming further manufacturing does not occur. Although you receive assurances from a dealer that he will change the tires, this will not absolve you from responsibility under the regulations should the dealer fail to do so. We are of the opinion that the best procedure for Blue Bird to follow is to replace the tires before delivery to the dealer.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.