Interpretation ID: 17495.drn

Ms. Leigh Morrison
Project Engineer
Irvin Automotive
2500 Takata Drive
Auburn Hills, MI 48326

Dear Ms. Morrison:

This responds to your letter asking whether any Federal motor vehicle safety standards (FMVSSs) apply to vanity mirrors in motor vehicle sun visors. In a telephone conversation with Dorothy Nakama of my staff, you explained that Irvin Automotive places vanity mirrors into sun visors, and sells the assemblage to motor vehicle manufacturers that then install the visors into motor vehicles.

Some background information may be helpful. The National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

Standard No. 201, Occupant Protection in Interior Impact, applies to "passenger cars and to multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kilograms or less." In an interpretation letter of July 3, 1997 to Daewoo Motor Company (copy enclosed), the agency stated that Daewoo's vanity mirror must be installed in a fashion that assures that the sun visor meets Standard No. 201. The letter to Daewoo referred to a provision, S3.4.2, that applied to sun visors. Effective May 8, 1997, that provision is S5.4.2, and states:

Each sun visor mounting shall present no rigid material edge radius of less than 3.2 mm that is statically contactable by a spherical 165 mm diameter head form.

The letter to Daewoo also stated that Daewoo's vanity mirror would not have to meet Standard No. 205, Glazing Materials.

You ask whether Standard No. 107, Reflecting Surfaces, applies to vanity mirrors. The answer is no. Effective May 6, 1996, NHTSA rescinded Standard No. 107. Even when it was in effect, Standard No. 107 did not apply to vanity mirrors.

NHTSA has established Standard No. 111, Rearview Mirrors. In an interpretation letter dated October 21, 1971 to Mr. James V. Blethen (copy enclosed), NHTSA stated that Standard No. 111 "does not apply to mirrors per se but specifies requirements that must be met by rearview mirrors mounted in new passenger cars and multipurpose passenger vehicles." Since your vanity mirrors in sun visors are presumably not meant to be used as rearview mirrors, Standard No. 111 would not apply to your product.

NHTSA's statute also addresses defects that are related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your sun visors are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide timely notification of or remedy for a defect may be subject to a civil penalty of up to $1,100 per violation.

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

Sincerely,
John Womack
Acting Chief Counsel
Enclosures
ref:107#111#201#205
d.4/29/98