ID: 2629y

Ms. Carol Zeitlow
Manager, Engineering Services
Oshkosh Truck Corporation
P.O.Box 2566
Oshkosh, WI 54903-2566

Dear Ms. Zeitlow:

This in reply to your letter of August 1, l990, to Taylor Vinson of this Office, with respect to Motor Vehicle Safety Standard No. l08.

You ask for confirmation that "the hazard warning light should always over-ride the stop lamp" when they are "together on a vehicle." I am pleased to provide that confirmation. Under the relevant SAE materials on stop lamps that are incorporated by reference in Standard No. l08, when a stop signal is optically combined with the turn signal, the circuit shall be such that the stop signal cannot be turned on if the turn signal is flashing. Because the hazard warning system operates through the turn signal lamps, the stop signal cannot be turned on in an optically combined lamp if the hazard system is in use.

You have also noted that in your version of Standard No. l08, no reference is made to SAE Standard J1395. It was not until May l5 of this year that Standard No. l08 was amended to incorporate SAE J1395 (with an effective date of December 1, l990). I enclose a copy of that amendment for your information.

If you have any further questions, we shall be pleased to answer them.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosure /ref:l08 d:8/27/90

ID: 2630y

Mr. Heracilio R. Prieto
President
Easton Inc.
Road 870, KM 2.6, Palo Seco
Levittown, Puerto Rico 00949

Dear Mr. Prieto:

This responds to your letter asking about the marking and labeling requirements in Standard No. 116, Motor Vehicle Brake Fluids (49 CFR 571.116). You asked whether you could comply with the requirement in Standard No. 116 that each brake fluid container be labeled with a "serial number identifying the packaged lot and date of packaging" by means of a "label notch coding system," which you described as a mechanical device which permanently notches a label. Standard No. 116 does not prohibit the use of a label notch coding system provided that it is not susceptible to being torn. However, any label notch coding system must be permanent and unambiguous, and satisfy all other relevant provisions of the standard.

Section S5.2 of Standard No. 116 sets forth packaging and labeling requirements for brake fluid containers. Section S5.2.2.2 requires each packager of a brake fluid to include information that is either "marked" directly on the container or marked on a label that is "permanently affixed to the container." Section S5.2.2.2(a)-(g) sets forth the specific information that must appear directly on or be labeled on every brake fluid container. Section S5.2.2.2(d) requires that the container be marked with "a serial number identifying the packaged lot and date of packaging."

Information about the label notch coding system enclosed with your letter and samples of your notched labels show that you use the system known as "code-dating," which uses uniquely spaced notches to represent a code that can be translated into a packaging date by means of a "Codedge decoder card." With this number or date represented by notches, the number could be traced by the packager to the packaging date and lot number through its production quality control records. While the "Codedge" system only identifies the year of manufacturing by means of a single digit, your recent letter indicates that an additional notch will be added to identify the decade. With respect to the label notch coding system, if the notches clearly identified the packaged lot and date of packaging, the combination would be a "serial number" and would appear to comply with the requirement of S5.2.2.2(d).

I would also like to note that section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1407) requires every manufacturer to certify that its products comply with all applicable safety standards. For this reason, this agency has no authority to approve, endorse, or offer assurances of compliance with respect to any system of labeling brake fluid containers.

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.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:116 d:8/27/90

ID: 2631o

AIR MAIL

Mr. M. Arisaka Manager, Automotive Lighting Engineering Sect. Stanley Electric Co., Ltd. 2-9-13, Nakameguro, Meguro-ku Tokyo 153, Japan

Dear Mr. Arisaka:

This is in reply to your letter of October 8, 1987, with reference to a newly developed lamp bulb "for automotive light-signalling devices." You state that the lamp has a bulb defined in SAE J387 and that its specifications for bulb and base meet those of SAE J573. The candlepower of the new lamp bulb is said to be 40% higher than that of a conventional bulb. You have asked whether you can "use the device with this new lamp bulb" in the United States.

For lamps other than replaceable bulb headlamps Federal Motor Vehicle Safety Standard No. l08 establishes requirements for photometric performance, and not for bulbs. Therefore, SAE J387 and J573 are not incorporated into Standard No. l08. Any motor vehicle turn signal or hazard warning signal device using Stanley's new high-candlepower bulb would appear to be permissible as long as it meets the applicable photometric specifications of Standard No. l08, and does not exceed any maxima of these specifications.

Sincerely,

Erika Z. Jones Chief Counsel ref:l08 d:l2/3l/87

ID: 2631y

Mr. Samuel Kimmelman
Engineering Product Manager
Ideal Division
EPICOR Industries, Inc.
3200 Parker Drive
St. Augustine, FL 32084-0891

Dear Mr. Kimmelman:

This is in reply to your letter of August 2, l990, with respect to Motor Vehicle Safety Standard No. l08.

It is your understanding that, when a vehicle is delivered to its purchaser with dealer-installed trailer hitch and associated wiring, it must conform to all applicable Federal motor vehicle safety standards. You interpret the standards as requiring three specific aspects of performance, and you ask whether we agree with those interpretations. These aspects are:

"l. The turn signal flasher must be certified as meeting the FMVSS-108 requirements of a variable load turn signal flasher, over a minimum load equal to that of the vehicle turn signal load and a maximum load equal to that of the vehicle plus the trailer."

This is essentially correct. However, it is not the flasher that is certified but the vehicle in which the flasher is installed; Standard No. l08 does not require certification of original equipment lighting items, only replacement equipment items. Standard No. l08's requirements for turn signal flashers are those of SAE Standard J590b, Automotive Turn Signal Flasher, October l965, which are incorporated by reference. Under the Standard's Scope, the flashers "are intended to operate at the design load for the turn signal system as stated by the manufacturer." If a vehicle is designed for towing purposes, and its manufacturer offers an optional trailer hitch and associated wiring, then that manufacturer must equip the vehicle with a flasher capable of meeting a minimum load equal to that of the vehicle turn signal load, and a maximum load equal to that of the vehicle plus the trailer. That will be a variable load turn signal flasher. The manufacturer of the vehicle is the person responsible for ensuring that the flasher meets the vehicle's design load requirements, and that the vehicle is certified as conforming to Standard No. l08.

"2. The hazard warning signal flasher must be certified as meeting the requirements of FMVSS-l08 over a load range of 2 lamps to the combined hazard warning loads of the vehicle plus the trailer."

This is also essentially correct, and our comments are similar. Standard No. 108's requirements for hazard warning signal flashers are those of SAE Recommended Practice J945 Vehicular Hazard Warning Signal Flasher, February l966, which are incorporated by reference. The Practice's Scope specifies that the flashers "are required to operate from two signal lamps to the maximum design load . . . as stated by the manufacturer." Thus, in order for the vehicle manufacturer to certify compliance with Standard No. l08, it must equip the vehic1e with a flasher that operates over a load range of two lamps to the total hazard warning system load of the vehicle plus the trailer.

"3. The requirement to provide turn signal outage is voided due to the trailer towing capability of the vehicle."

This is correct. Under section S5.5.6 of Standard No. l08, any vehicle equipped to tow trailers and which uses a variable-load turn signal flasher is exempted from the failure indication requirements of the SAE standards on turn signals.

I hope that this answers your questions.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:8/3l/90

ID: 2632o

Ellen A. Lockwood, Esq.
Assistant U.S. Attorney
United States Attorney
District of Guam Suite 502-A PNB
238 O'Hara Street
Agana, Guam 969l0

Dear Ms. Lockwood:

This is in reply to your letter of September 24, l987, to Jim Marquez, the former General Counsel of this Department. You have asked about the applicability to the Commmonwealth of the Northern Marianas (CNMI) of l5 U.S.C. l38l, and l9 C.F.R. l2.80.

The National Traffic and Motor Vehicle Safety Act, l5 U.S.C. l38l et seq., as you have noted, applies to the CNMI through Section 502(a)(2) of the "Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States," and is a "State" within the meaning of l5 U.S.C. l39l. This means that it is a violation of l5 U.S.C. l397(a)(1)(A) to import into the CNMI any motor vehicle that does not comply with all applicable Federal motor vehicle safety standards.

As authorized by l5 U.S.C. l397(b)(3), the Departments of Transportation and Treasury issued joint regulations to enforce the importation prohibition of l397(a)(l)(A). As the authority of the Customs Service is limited to the Customs Territory of the United States, these regulations apply only to "States" within this Territory. They do not apply to Guam, American Samoa, the Virgin Islands, and the CNMI, "States" that lie without the Customs Territory of the United States. It is our understanding that each of these "States" enforces l397(a)(1)(A) within its borders through an Executive Order issued by the Governor, designating an appropriate local agency for this task. In the Virgin Islands, for example, the Department of Public Safety will not register any vehicle that lacks the label required by 49 C.F.R. Part 567 Certification certifying compliance with all applicable Federal motor vehicle safety standards. I enclose representative copies of correspondence that the National Highway Traffic Safety Administration has had with the Virgin Islands and the CNMI on this subject.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:MIS#VSA d:l2/30/87

ID: 2632y

Mr. Herr T. Spingler
Abt. K2/ELE2
Robert Bosch GmbH

FAX 07121/35-1792

Dear Herr Spingler:

This is in reply to your FAX of July l9, l990, to Richard Van Iderstine of this agency asking for confirmation of an oral interpretation provided you by Jere Medlin, Office of Rulemaking, with respect to replaceable bulb headlamps.

Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment, defines (section S3) a replaceable bulb headlamp as "a headlamp comprising a bonded lens and reflector assembly and one or two standardized replaceable light sources." In Europe you fix the lens to the reflector assembly with a rubber seal and clips. For the U.S. market you propose to add "silicone-glue at four places between lens and housing to prevent removal of the lens." Mr. Medlin informed you that this would be a "bonded lens and reflector assembly."

The standard does not define "bonded", but the intent of the definition is that, once the lens is joined to the reflector assembly, it shall not be separable. Any method of adhesion that accomplishes this would be a sufficient bond for purposes of the definition. If the application of silicone glue at four places between the lens and the reflector assembly is sufficient to prevent manual separation of the lens from the assembly, then it would be a sufficient bond.

I hope that this answers your question.

Sincerely,,

Paul Jackson Rice Chief Counsel ref:l08 d:8/2/90

ID: 2633o

Mr. Robert B. Dix, Jr.
Fleet Manager
JKJ Chevrolet
Koons Plaza
2000 Chain Bridge Road
Vienna, VA 22180

Dear Mr. Dix:

This responds to your letter requesting information concerning "after market upfittings". You indicate that you intend to bid on Federal, State or County motor vehicle solicitations and it appears that a number of these solicitations contain specifications that would require "after market upfittings". You asked how our regulations would affect those "after market upfittings".

As you may know, the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) prohibits the sale or introduction into interstate commerce of any new vehicle or item of motor vehicle equipment that does not conform to all applicable Federal motor vehicle safety standards. The Safety Act authorizes NHTSA to issue these safety standards. NHTSA does not have authority to approve, endorse, or offer assurances of compliance to a manufacturer's motor vehicles or motor vehicle equipment. Rather, the Safety Act established a "self-certification" process, in which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

It is not clear from your letter whether "after market upfittings" means that you will be altering motor vehicles while they are still new, i.e., before they have been sold to a consumer for the first time or that you will be making modifications to used vehicles, i.e., ones that have been purchased already. The requirements applicable to the "after market upfittings" vary, depending on whether the alteration is performed before or after the vehicle has been sold to a consumer for the first time.

I will discuss first the requirements that would apply if you modify vehicles that are new. As modified, the vehicles must continue to comply with all applicable standards, since section 108(a)(1)(A) of the Safety Act prohibits the sale of any vehicle that does not comply with all applicable Federal motor vehicle safety standards. Further, the agency's certification requirements in Part 567 of the Code of Federal Regulations applies to any person who changes previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations, or in such a manner that the weight ratings assigned to the vehicle are no longer valid. Such a person is considered an "alterer" for purposes of Part 567 (copy enclosed). The person performing the modifications set forth in your letter (installing a bench seat or adding auxiliary springs) would be considered an alterer, because seats and springs are not readily attachable components.

In this situation, 49 CFR 567.7 requires that:

(1) The alterer supplement the existing manufacturer certification label by affixing an additional label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards as well as stating the firm or individual name of the alterer and the month and the year in which the alterations were completed (see /567.7(a)); (2) The modified values for the vehicle be provided as specified in //567.4(g)(3) and (5), if the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label (see /567.7(b)); and (3) The type classification be provided, if the vehicle as altered has a different type of classification from that shown on the original certification.

In addition to these certification requirements, an alterer is considered a "manufacturer" for the purposes of notification and recall for defects or noncompliance under the Safety Act and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

With respect to your first point, i.e., that you believe you should "(o)btain from the company doing the work a certification that the after market upfitting meets National Highway Safety Standards," the alterer is required to certify that the altered new vehicle complies with all applicable Federal safety standards.

I am not sure that I understand your second point, i.e., that if a bench seat is installed in a cargo van, the van must have a side door that can be opened from the inside. If you are speaking of an obligation to make some modification to an existing side door, the door would be governed by Standard No. 206, Door locks and door retention system (See 49 CFR 571.206). S4 of Standard 206 provides that the standard's requirements apply to "any side door leading directly into a compartment that contains one or more seating accommodations" and specifies different strength and lock requirements for different types of doors. The addition of a bench seat to what was formerly the cargo compartment would convert that compartment into one subject to S4. The safety standard does not require that the inside rear door handles be operative.

If your second point refers to an obligation to install a side door because you install a bench seat, that is not correct. The Federal motor vehicle safety standards do not impose an obligation that there be a side door in a van. With all of the preceding statements, however, you should note that section 108(c) of the Safety Act provides that compliance with our standards does not exempt any person from any liability under common law. Accordingly, you may wish to consult with a private attorney regarding any product liability concerns you may have about the operability of the door.

Your third point is that you believe that you must place "a decal, label, or some form of paperwork in the vehicle indicating the results of the upfitting." If the "after market upfittings" to which you refer are made to a new vehicle, /567.7 requires the alterer to permanently affix to the vehicle a label setting forth the information specified in that section.

Having discussed the requirements applicable to new vehicles, I now turn to discussing those applicable to used vehicles. If the "after market upfittings" are modifications to used vehicles (in this case, vehicles sold and delivered to a public authority), section 108(a)(2)(A) of the Safety Act applies. This section prohibits any manufacturer, distributor, dealer or motor vehicle repair business from knowingly rendering inoperative any equipment or element of design installed on a vehicle in compliance with our standards. Thus, neither your dealership nor any company that is a repair business or manufacturer can alter legally any vehicle that complies with all applicable Federal motor vehicle safety standards when you receive it (as certified on the motor vehicle by the original manufacturer), in such a way that the vehicle no longer complies with the applicable safety standards.

If the vehicles in question are used vehicles at the time of their modification, the company performing the modifications is not required to provide a separate certification, as discussed in your points 1 and 3. Since you, as the dealer, may be held responsible under section 108(a)(2)(A) for any rendering inoperative by a company acting as your agent, you may wish to get written assurances from the modifier that it has made the modifications in a manner which will not take the vehicle out of compliance with the Federal motor vehicle safety standards. However, that matter is left for your dealership and the modifier to resolve.

As an aid to helping you determine which standards may apply to the modified vehicles, I am enclosing a publication entitled "Federal Vehicle Safety Standards and Procedures." This pamphlet indicates which standards apply to which vehicle types. I also have enclosed a general information sheet for new manufacturers that gives a general description of the applicable regulations, and explains how to get copies of those regulations. I hope this information proves helpful. Please contact this agency again if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:VSA:567 d:12/29/87

ID: 2633y

Mr. Roman L. Cepeda
P.O. Box 3571
Agana, Guam 96910

Dear Mr. Cepeda:

This is in reply to your letter of July 24, l990, to Frank Berndt, the former Chief Counsel of this agency. You wish to import 8 to 12 stainless steel parts. After importation, the parts would be put together to form a Jeep body. Ultimately, an engine, chassis, and all other parts, which are from Guam, would be added to form a completed motor vehicle.

You have asked for confirmation that "the stainless steel jeep body is not a motor vehicle and is not required to meet any provision of the U.S. 49 CFR Part 400 to 999." Apparently, you are having a misunderstanding with Guam Customs on this point.

We are pleased to provide confirmation of your interpretation. There are no Federal motor vehicle safety standards that apply to the stainless steel body parts that you describe. This means that you may import them, as individual body parts, into Guam without violating the National Traffic and Motor Vehicle Safety Act. Under 49 CFR 591.5(i)(2), the appropriate declaration for entry is that they were manufactured on a date when no Federal motor vehicle safety standards were in effect that applied to them.

Sincerely,

Paul Jackson Rice Chief Counsel ref:59l d:8/29/90

ID: 2634o

Lawrence C. Bourbeau, Jr., Esq.
Assistant General Counsel
Fruehauf Corporation, Law Department
10900 Harper Avenue
P.O. Box 238
Detroit, MI 48232

Dear Mr. Bourbeau:

This letter responds to your earlier inquiry where you ask whether NHTSA would object to your Company's changing "its model year designation from September 1 to July 1." I apoligize for the delay in responding.

Standard 115, Vehicle Identification Number- Basic Requirements, directs vehicle manufacturers to place a discrete identifying number (VIN) on each vehicle. Title 49 CFR Part 565, VIN- Content Requirements, states that a VIN must include a character indicating the manufacturer's designated model year. Neither Standard 115 nor Part 565 prohibits your company from changing the model year in the manner you suggest. Therefore, such a change does not violate our regulations.

We note that this change apparently concerns model year as a marketing concept. The Federal Trade Commission has published guidelines concerning model year as a commercial concept, and you may wish to contact the Commission for whatever assistance it may provide. I hope you find this information helpful.

Sincerely,

Erika Z. Jones Chief Counsel

ref:115 d:12/22/87

ID: 2634y

Mr. Reese Chappell
Engineer
Auto Ventshade Company
3571 Broad Street
Chamblee, Georgia 30341

Dear Mr. Chappell:

Thank you for your letter asking how Federal regulations would apply to a product called a "Ventvisor" manufactured by your company. You enclosed a brochure that included pictures of the Ventvisor. Described as a rain deflector, the Ventvisor appears to be a strip of molded tinted glazing material several inches wide that is secured on the window frame and running from the front around the top of side windows on motor vehicles. I am pleased to have this opportunity to explain how the requirements of this agency apply to this product.

Some background information about the agency may be useful. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet that briefly describes manufacturers' responsibilities under the Safety Act and how to obtain copies of this agency's standards and regulations.

Your company's product is described as made of "acrylic" and would appear to overlap a portion of the side windows of motor vehicles that are "requisite for driving visibility." Accordingly, this product would be a glazing material for use in motor vehicles and would be subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205). Standard No. 205 specifies performance requirements for various types of glazing and also the locations in vehicles in which each type of glazing may be used. The standard also incorporates by reference "ANS Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Standard No. 205 permits devices such as your company's Ventvisor to be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials (the various types of glazing are designated as "Items" in Standard 205). Your company's use of acrylic would appear to be acceptable since this type of rigid plastic could have an Item 4 rating, and Item 4 glazing may be used as a wind deflector on the side window of any vehicle.

You should note that all Item 4 glazing must comply with Test No. 2 in ANS Z26, which requires the material to have a light transmittance of not less than 70 percent. Your letter noted that one version of your Ventvisor is not tinted, while another version is tinted so that it has 47.5 percent light transmittance. This tinted version of the Ventvisor would appear to not comply with the light transmittance requirements of Standard No. 205. The standard also sets forth additional performance requirements for Item 4 glazing, as well as marking requirements for the glazing. If your company determines that the Ventvisor complies with the requirements of Standard No. 205, it may certify each Ventvisor in accordance with the provisions of S6 of Standard No. 205.

Section 108(a)(1)(A) of the Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell the Ventvisor or any other glass or plastic wind deflector to be mounted on front side windows, unless those products comply with all requirements of Standard No. 205. Federal law provides for a civil penalty of up to $1,000 for each such violation.

Manufacturers of motor vehicle equipment, such as the Ventvisor, also have responsibilities under the Safety Act for any defects related to motor vehicle safety that are determined to exist in their products. The Safety Act requires such manufacturers to notify purchasers about any defects related to motor vehicle safety and to remedy such defects free of charge.

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

Sincerely,

Paul Jackson Rice Chief Counsel /ref:205#VSA d:8/2/90