ID: 10574

Mr. David O'Neil
Hehr International Inc.
3333 Casitas Avenue
Post Office Box 39160
Los Angeles, CA 90039-0160

Dear Mr. O'Neil:

This responds to your inquiry about Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, with respect to the labeling of glazing installed on transit buses. You stated that the passenger and driver side window glazing on certain transit buses will be a glass-plastic composite consisting of 1/4 inch tempered glass with DuPont Spallshield 307 plastic laminated to the interior surface. You asked whether this glazing must be certified and marked as Item 15B/16B glazing or whether it is possible to certify and mark the glazing as Item 2/3. You also asked whether taping the required cleaning instructions to the glazing satisfies the requirements of paragraph S5.1.2.10.

Question One: Must the glazing be certified and marked as Item 15B/16B or is it possible to certify and mark the glazing as Item 2/3?

The glazing described in your letter is tempered glass-plastic and therefore must be certified and marked as either Item 15B or 16B glazing. Item 2 and Item 3 glazing refers to glass, not glass-plastic glazing. It would be incorrect to certify and mark a glass-plastic item of glazing as glass.

Question Two: Does a label containing all required instructions which is taped to the glazing satisfy the requirements of paragraph S5.1.2.10?

Paragraph S5.1.2.10(a) states that

Each manufacturer of glazing materials designed to meet the requirements of S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, or S5.1.2.8 shall affix a label, removable by hand without tools, to each item of such glazing material. The label shall identify the product involved, specify instructions and agents for cleaning the material that will minimize the loss of transparency, and instructions for removing frost and ice, and at the option of the manufacturer refer owners to the vehicle's Owners Manual for more specific cleaning and other instructions.

S5.1.2.10(a) applies to your Item 15B/16B glazing since the glazing is required to comply with S5.1.2.6 or S5.1.2.8. S5.1.2.10(a) requires a manufacturer to "affix a label, removable by hand without tools..." Taping the instructions to the glazing is one way to affix a label to glazing that could be removed by hand without tools. Therefore, a manufacturer could comply with the requirements in S5.1.2.10(a) by taping the instructions to the glazing.

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

Sincerely,

Philip R. Recht Chief Counsel

ref:205 d:2/14/95

ID: nht80-4.20

DATE: 11/07/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: International Harvester

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Stephen E. Mulligan International Harvester 4O1 North Michigan Avenue Chicago, IL 60611

Dear Mr. Mulligan:

This is in response to your letter of October 1, 1980, in which you ask whether compliance with 49 CFR 567, Certification, will satisfy the requirements of S4.3 of Federal Motor Vehicle Safety Standard No. 115, 49 CFR 571.115.

Section 4.3 of Federal Motor Vehicle Safety Standard No. 115 requires that the vehicle identification number (VIN) "appear clearly and indelibly upon either a part of the vehicle other than the glazing that is not designed to be removed except for repair or upon a separate plate or label which is permanently affixed to such a part." S4.3.1 requires each character to appear in a capital, sans typeface. In the case of passenger cars and trucks of 10,OOO pounds or less GVWR, each character must have a minimum height of 4 mm. s4.4 specifies that the VIN for passenger cars and trucks of 10,000 pounds or less GVWR shall be located within the passenger compartment.

Section 567.4 of Part 567, Certification (49 CFR 567), requires that the certification label be permanently affixed to the vehicle, and display the vehicle identification number. Consequently, for all vehicles except passenger cars and trucks of lO,OOO pounds or less GVWR, compliance with S 567.4 of Part 567 would also effect compliance with S4.3 of Standard No. 115 so long as capital, sans typeface was used.

Sincerely,

Frank Berndt Chief Counsel

October 1, 1980

Mr. Frank Berndt U.S. Department of Transportation Office of the Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington DC 20590

Dear Mr. Berndt:

I am writing to request clarification of requirements which arise under Part 567 - Certification. S 567.4 requires each manufacturer of motor vehicles to affix to each vehicle a label which shall be permanently placed so that it cannot be removed without destroying or defacing it. The label is required to contain the vehicle identification number (VIN).

Federal Motor Vehicle Safety Standard No. 115 requires that each vehicle manufactured have a VIN which shall appear clearly and indelibly upon either a part of the vehicle or upon a separate plate or label permanently affixed to such a part.

International Harvester Company requests confirmation that compliance with the certification label requirements of Part 567 insures that there is also compliance with the VIN requirements set forth in FMVSS 115.

Thank you for your time and attention to this matter.

Very truly yours,

Stephen E. Mulligan

SEM:sh

ID: nht95-1.65

TYPE: INTERPRETATION-NHTSA

DATE: February 14, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: David O'Neil -- Hehr International Inc.

TITLE: None

ATTACHMT: ATTACHED TO 12/6/94 LETTER FROM DAVID O'NEIL TO PHILIP R. RECHT (OCC 10574)

TEXT: This responds to your inquiry about Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, with respect to the labeling of glazing installed on transit buses. You stated that the passenger and driver side window glazing on certain transit bus es will be a glass-plastic composite consisting of 1/4 inch tempered glass with DuPont Spallshield 307 plastic laminated to the interior surface. You asked whether this glazing must be certified and marked as Item 15B/16B glazing or whether it is possib le to certify and mark the glazing as Item 2/3. You also asked whether taping the required cleaning instructions to the glazing satisfies the requirements of paragraph S5.1.2.10.

Question One: Must the glazing be certified and marked as Item 15B/16B or is it possible to certify and mark the glazing as Item 2/3?

The glazing described in your letter is tempered glass-plastic and therefore must be certified and marked as either Item 15B or 16B glazing. Item 2 and Item 3 glazing refers to glass, not glass-plastic glazing. It would be incorrect to certify and mark a glass-plastic item of glazing as glass.

Question Two: Does a label containing all required instructions which is taped to the glazing satisfy the requirements of paragraph S5.1.2.10?

Paragraph S5.1.2.10(a) states that

Each manufacturer of glazing materials designed to meet the requirements of S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, or S5.1.2.8 shall affix a label, removable by hand without tools, to each item of such glazing material. Th e label shall identify the product involved, specify instructions and agents for cleaning the material that will minimize the loss of transparency, and instructions for removing frost and ice, and at the option of the manufacturer refer owners to the veh icle's Owners Manual for more specific cleaning and other instructions.

S5.1.2.10(a) applies to your Item 15B/16B glazing since the glazing is required to comply with S5.1.2.6 or S5.1.2.8, S5.1.2.10(a) requires a manufacturer to "affix a label, removable by hand without tools . . . ." Taping the instructions to the glazing i s one way to affix a label to glazing that could be removed by hand without tools. Therefore, a manufacturer could comply with the requirements in S5.1.2.10(a) by taping the instructions to the glazing.

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

ID: nht74-1.15

DATE: 05/01/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: The Mansfield Tire & Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 19, 1974, inquiring whether Motor Vehicle Safety Standard No. 109 permits the labeling of both the 175R13 and the BR78-13 tire size designations on the same tire.

Paragraph S4.3 of Standard No. 109 permits the labeling on the same tire of equivalent inch and metric size designations. Based upon the Tables in the Appendix of Standard No. 109, we would consider the two size designations to be equivalent inch and metric size designations, and both may therefore be labeled on the sidewall of the same tire.

Yours truly,

ATTACH.

Maximum Tire Loads (Pounds) At Various Cold Inflation Pressures Size 16 18 20 22 24 26 28 30 32 34 175R13 790 840 890 930 980 1030 1070 1110 1150 1190 BR78.13 780 840 890 930 980 1030 1070 1110 1150 1190

THE MANSFIELD TIRE & RUBBER COMPANY

March 19, 1974

L. R. Schneider -- Chief Counsel, National Highway Traffic Safety Administration, United States Department of Transportation

Dear Mr. Schneider:

In the Federal Register November 1, 1973, Part III, the Department of Transportation published Passenger Car Tires and Rims Information under MVSS 109. Reviewing Rules and Regulations for Radial Ply Tires, it is noted that under Table I-H for the 175R-13 and under Table I-H for the BR78-13, the loads, inflations, rim, minimum size factor and section width are basically the same. For your observation, we are listing from the Tables both of these sizes as spelled out in these Rules and Regulations.

Maximum Tire Loads (Pounds) At Various Cold Inflation Pressures Test Min.

Rim Size Sect.

Width Fact. Width Size 36 38 40 (In.) (In.) (In.) 175R13 1230 1270 1300 4 1/2 30.30 6.75 BR78.13 1230 1270 1300 4 1/2 30.31 6.75

As these tires are both the same for the American size radial and the millimeter radial, it is our intent to mark both these sizes, as noted in MVSS 109, Part 571, Section S4.3 "Labeling Requirements", on the same tire with the maximum load and inflation branded on the tires. We are intending to use the American size tire code in the tire identification serial.

We will appreciate your reviewing this matter and unless advised to the contrary, we are intending to proceed with the marking as described above. We will appreciate hearing from you at your earliest convenience.

Sincerely,

R. C. Hudson -- Director, Tire Engineering, Tech Service/Quality Control

ID: nht73-3.10

DATE: 01/11/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Nissan Motor Co. Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 21, 1972, concerning the definition of "head impact area" in 49 CFR 571.3(b).

Your question is whether the lower portion of the dashboard depicted in your letter is within the head impact area. Without knowing the interior dimensions of the vehicle, we cannot give you a definite answer. We can, however, describe the circumstances under which the lower part of the dash might be within the head impact area.

Under paragraphs (a) through (c) of the definition, the test device is pivoted forward about specified centers until it contacts the vehicle. These contact points, which together comprise the head impact area, are divided into two groups, those above the lower line of the windshield glass (paragraph (b)), and those below (paragraph (c)). Although the measurement of the head impact area is a continuous process, the separation of the contact points into two groups was accomplished by paragraphs that are not parallel in structure. This has caused some confusion.

The intent of paragraphs (b) and (c) of the definition might have been expressed in a single paragraph, reading as follows:

With the pivot point to "top-of-head" dimension at each value allowed by the device and the interior dimensions of the vehicle, pivot the measuring device from a vertical position forward and downward through

all arcs in vertical planes to 90 degrees each side of the vertical longitudinal plane through the seating reference point, until the head form contacts an interior surface or until it is tangent to a horizontal plane 1 inch above the seating reference point, whichever occurs first.

In our opinion it would be appropriate for you to employ this procedure to determine whether any part of the lower dash pad in your drawing falls within the head impact area. The goal of your evaluation would be to determine whether it is possible for the test device to be pivoted downward so that it contacts the lower pad without first contacting the upper pad. If at a particular point the device contacts the upper pad, and if the device is at its minimum length of 29 inches and its pivot point is on the seating reference point, then the area of the lower pad directly beneath that contact point would not be contactable and would not be a part of the head impact area. If, however, there is a point at which the head form in its downward arc would miss the upper pad and contact the lower pad, the lower pad would at that point be within the head impact area. It is quite possible that some points on the lower pad would be within the head impact area, while others would not.

ID: nht73-1.21

DATE: 04/13/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Mrs. Lewis Polin

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter to our Region III office in which you requested information on infant car seats and regulations affecting the manufacture of such seats.

Enclosure 1 is a copy of Federal Motor Vehicle Safety Standard No. 213, Child Seating Systems, along with a recent amendment to the standard. The effective date of this standard was April 1, 1971. All child car seats which both seat and restrain a child in a motor vehicle are now required by law to comply with the requirements of this standard. This regulation requires the date of manufacture to be placed on each seat along with recommendations for its use. Child seating systems are recommended for use by children from approximately eight to nine months to three to four years of age.

The National Highway Traffic Safety Administration is presently developing a proposed amendment to the existing standard which will require dynamic tests of all child restraints and will regulate infant restraints which are not presently covered by Standard No. 213. However, it is not anticipated that this amendment will become effective in the near future.

Enclosures 2 and 3 are copies of press releases notifying consumers of devices which have failed to pass Standard No. 213, and of the action the manufacturers are taking to correct the situation. Additionally, we are enclosing a copy of a consumer information booklet entitled, "What To Buy In Child Restraint Systems." We hope this information will assist you.

We do not endorse or advocate any specific product, but rather develop, issue, and enforce minimum safety standards for consumer protection. In the final analysis, the consumer should select a restraint which best fits his particular needs. Many practical considerations may affect the usage of a device, for example, the activity level of the child, portability of the device, and ease of attachment. These are all factors which the buyer of a child restraint system should consider in making his selection.

Thank you for your interest in motor vehicle safety.

Sincerely,

4 Enclosures

U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

REGION III March 22, 1973

Mrs. Lewis Polin

1912 Nester Street

Philadelphia, Pennsylvania 19115

Dear Mrs. Polin:

We would like to thank you for your interest in highway safety. Your request for information concerning regulations enacted in regard to infant car seats, along with brand names of those manufacturers who have produced such products in conformance with these standards, has been forwarded to our Washington office, and they in turn will help you with obtaining the information you need.

Sincerely,

Vincent D. Walsh, Sr. -- Regional Administrator

ID: GF007944

The Honorable Russell D. Feingold
United States Senate
Washington, DC 20510-4904

Dear Senator Feingold:

Thank you for your October 7, 2004, letter on behalf of your constituent regarding bumper and lighting regulations. Specifically, your constituent is concerned about vehicle compatibility and the height of bumpers and lamps on certain vehicles. I appreciate the opportunity to address your constituents concerns.

The National Highway Traffic Safety Administration (NHTSA) issues standards and regulations applicable to new motor vehicles and motor vehicle equipment. NHTSA regulates bumpers on passenger cars (49 Code of Federal Regulations (CFR) Part 581), but not on multipurpose passenger vehicles (sport utility vehicles), because such regulation could significantly reduce their utility. For vehicles subject to our bumper standards, the bumper must be located at the height of not more than 20 inches above ground.

We note that the agency is very concerned with vehicle compatibility in multi-vehicle crashes. Bumper height is one of the factors affecting vehicle compatibility. In June of 2003, NHTSA published a report describing the scope of the safety problem represented by vehicle incompatibility and outlined strategies the agency plans to pursue in improving vehicle compatibility. See http://www-nrd.nhtsa.dot.gov/departments/nrd-11/aggressivity/IPTVehicleCompatibilityReport/. We have enclosed a copy of the report for your information. Currently, NHTSA and its global partners are conducting research to determine the best regulatory approaches in the area of vehicle compatibility. NHTSA is also working with vehicle manufacturers to minimize the effects of vehicle incompatibility and to develop consumer information related to this issue.

With respect to headlamp location, the Federal lighting standard (49 CFR 571.108) requires that the headlamps for all new vehicles be located between 22 inches and 54 inches above the road surface. Subsequent reinstallation of headlamps at a different height by a dealer or a repair business is also prohibited.

We note that the bumper and headlamp height issues raised by your constituent may not be the product of improper installation of those items, but instead may stem from raising or otherwise altering the vehicle suspension system. While this agency does not regulate suspension alterations, some states may do so. Accordingly, we suggest that your constituent contact the Wisconsin Department of Transportation, Office of General Counsel at (608) 266-8810 or ogc.exec@dot.state.wi.us to ascertain Wisconsin regulations pertaining to vehicles suspension systems, bumper height, and lighting.

If you or your constituent have any further questions regarding this issue, you may contact Scott Brenner, Associate Administrator for External Affairs, at (202) 366-2566.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:581#108
d.11/19/04

ID: GF007988

Ms. Amy Homan
Crown Energy Technologies, Inc.
3111 Shepard Place S.E.,
Calgary, Alberta
CANADA T2C 4P1

Dear Ms. Homan:

This responds to your October 21, 2004, e-mail to George Feygin of my staff. You ask whether two oilfield equipment rigs manufactured by your company would be classified as "motor vehicles" and subject to the requirements of Federal motor vehicle safety standard (FMVSS) No. 121, Air brake systems.

Title 49 U.S.C. Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) defines "motor vehicle" as:

"[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line."

NHTSA has issued several interpretations of this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g. , airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles.

In the present case, the information you have provided describes two oilfield equipment rigs designed to service oil and gas wells. One is a tandem/tandem, which has four axles; the front two axles are steer axles. This units GVWR is 95,600 pounds. The second is a tandem/tridem, which has five axles; the front two axles are steer axles. This units GVWR is 120,600 pounds. Your letter indicates that these rigs travel on local roads and interstate highways between well locations. The period of time a rig spends at a single location varies depending on the end-user. You indicated that the rigs may be required to stay on a lease for a day, a week or a month at a time.

The vehicles you ask about appear similar to items of mobile construction equipment which are not considered motor vehicles. Given this similarity and the limited usage you describe, we believe that the vehicles are not "motor vehicles" subject to the Federal motor vehicle safety standards.

I hope you find this information helpful. If you have any other questions please contact Mr. George Feygin at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

2 Enclosures

ref:571
d.2/2/05

ID: amphibious_vehicle6175

Mr. Paul Larkin
Compliance and Research Services, Inc.
1701 West Front Street
Plainfield, NJ 07063




Dear Mr. Larkin:

This is in response to your letter, in which you asked if an amphibious vehicle your client is seeking to import would be classified as a "motor vehicle."  As explained below, our answer is yes.

Title 49 U.S. Code 30112 prohibits the importation of any motor vehicle or motor vehicle equipment that is not certified to all applicable Federal motor vehicle safety standards."Motor vehicle" is defined at 49 U.S.C. 30102(a)(6) as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles.Certain vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel.

In your letter you stated that your client, Rodedawg International Industries, wishes to import for sale into the U.S. an amphibious vehicle.You stated that the vehicle, the Rodedawg, is designed for "off-road use only, and will be sold, advertised, and marketed as such.You also stated that the certificate of origin will include a statement noting that the vehicle is not designed for use on public roads.You listed various vehicle characteristics demonstrating the vehicles amphibious capabilities and further stated that it is equipped with a throttle stop that limits the maximum speed on roads to 25 miles per hour.

The agency has consistently stated that off-road capabilities alone do not remove a vehicle from the definition of a "motor vehicle" (See letter to Judith Jurin Semo, April 19, 1994).While relevant, vehicle distribution and declarations contained in the certificate of origin are not determinative.The statutory definition directs us to consider the vehicle as manufactured.

Aside from the amphibious nature of the vehicle, the Rodedawg as manufactured is not readily distinguishable from other motor vehicles that have off-road capabilities, e.g., sport utility vehicles.Sport utility vehicles are considered motor vehicles and are generally classified as multipurpose passenger vehicles under our regulations.

We also note that the manufacturers website advertises the Rodedawg as a sport utility vehicle (http://rodedawgsuv.com/index.html, visited July 23, 2005) and represents the vehicle as an automobile.

Based on the design of the vehicle the Rodedawg would be classified as a "motor vehicle". If you have any further questions, please contact Mr. Chris Calamita of my office at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

ref:571
d.1/24/06

ID: Webb.1

Mr. Sean P. Webb
6 Oak Hollow Drive
St. Peters, MO 63376

Dear Mr. Webb:

This responds to your May 13, 2004, letter, in which you seek clarification regarding certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment, related to headlamps. In your letter and in a subsequent phone conversation with Mr. Michael Cole of the Office of Vehicle Safety Compliance, you described perceived problems with your 2003 vehicle, which was purchased new and unmodified. Specifically, you stated that your vehicles halogen headlamps (high beams and low beams) and fog lamps periodically "flicker off and on" or change intensity when activated.

In your letter, you asked whether FMVSS No. 108 requires headlamps to be steady-burning and whether "flickering" of the headlamps would impair the standards minimum illumination requirements. Our response to your questions follows.

The relevant section of FMVSS No. 108 reads as follows:

S5.5.10 The wiring requirements for lighting equipment in use are:

(a)     Turn signal lamps, hazard warning signal lamps, and school bus warning lamps shall be wired to flash;
(b)    Headlamps and side marker lamps may be wired to flash for signaling purposes;
(c)     A motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity in accordance with section S5.6;
(d)    All other lamps shall be wired to be steady-burning.

In short, S5.5.10(d) of FMVSS No. 108 requires that all lamps must be steady burning, unless otherwise permitted. The situation that you describe does not appear to fall within any of the exceptions to the steady-burning requirement.

We are unable to comment on the compliance of your specific vehicle with FMVSS No. 108 without conducting independent testing. We note, however, that Mr. Cole confirmed the entry of the information that you provided in the National Highway Traffic Safety Administrations consumer complaints database and provided you with a copy of 49 CFR Part 552, Petitions for Rulemaking, Defect, and Noncompliance Orders, which set forth the procedures for petitioning the agency to examine possible noncompliances or defects in motor vehicles or motor vehicle equipment.

I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.6/28/04