Interpretation ID: 21467.ztv

Mr. Herb Brown
Vice President of Sales
Air Fender Systems
P.O. Box 552
Oskaloosa, KS 66066

Dear Mr. Brown:

This is in reply to your letter of March 20, 2000, to Stephen Wood of this Office. Your company manufacturers "a wheel fender designed to reduce splash and spray for tractor trailers." You state that "the fender extends a maximum of 3" beyond the tires on each side. With reference to Federal Motor Vehicle Safety Standard No. 108, you have asked "as a splash and spray reduction item are the fenders covered under the same portion of the provision as mud flaps?" You have enclosed a product brochure describing the fenders and showing them mounted to a tractor trailer.

The only direct reference to mud flaps in Standard No. 108 appears in Note 1 which follows Table IV. Tables I and II apply to specified motor vehicles whose overall width is 80 inches or more; Tables III and IV to specified vehicles whose overall width is less than 80 inches. Note 1 states that the term " overall width" of a vehicle refers to "the nominal design dimension of the widest part of the vehicle, exclusive of . . . flexible fender extensions, and mud flaps. . . ." Thus, a manufacturer must determine the overall width of its vehicle in order to discern the requirements with which it must comply, and this determination does not have to include flexible fender extensions. However, your product is clearly the fender itself, and not an extension of a fender. Nor is there any indication as to whether your fender is "flexible." The overall width of the tractor trailer fitted with your fenders, then, includes the total of 6 inches added by the fenders beyond the tires. We're not sure how this interpretation affects you under Standard No. 108 because tractor trailers are invariably manufactured with an overall width of more than 80 inches. There may be overall width restrictions of 96 or 108 inches for use of vehicles on certain roads, but the definition of "overall width" for those purposes is established by State and Federal authorities other than this agency, and they are not required to adopt our definition of overall width.

There is an indirect reference to mud flaps in Standard No. 108. Paragraph S5.3.1 requires that lamps and reflectors be "securely mounted on a rigid part of the vehicle." In our opinion, mud flaps are not rigid parts of a vehicle, and equipment required by Standard No. 108 cannot be mounted on them. Although the composition of your fenders is not stated, they appear to be rigid within the intent of S5.3.1 so that lighting equipment could be mounted to them, provided that, once installed, they complied with the location and visibility requirements of Standard No. 108.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.6/19/00