ID: 11283

Mr. Tom Byrne
Vice President
Goodridge (USA) Inc.,
20309 Gramercy
Torrance, CA 90501

Dear Mr. Byrne:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 106; Brake hoses. According to your letter, you plan to sell a brake hose assembly for hydraulic brake systems that you refer to as "Stainless Steel Braided Brakelines." You then asked several questions about selling your product in this country.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hose assemblies. Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). This process requires each manufacturer to determine that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment.

Standard No. 106 applies to new motor vehicles and to brake hoses, brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above.

You first asked NHTSA to "confirm" that an independent laboratory certification is valid for the United States. As explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must certify that its product complies with all applicable FMVSS's.

You then asked NHTSA to confirm that such a brake hose assembly can be used with an adapter into the master cylinder or caliper. Your brake hose assembly can be used at any place in a motor vehicle, provided that in installing it, a vehicle manufacturer, distributor, dealer or repair business does not knowingly make inoperative, in whole or in part, a vehicle or item of equipment which is in compliance with any applicable safety standard. Specifically, inclusion of your brake hose assembly could not modify a hydraulic brake system subject to FMVSS No. 105, Hydraulic Brake Systems, to the extent that it no longer complies with the standard.

Your next question asked whether there are any special marking requirements for brake hose assemblies manufactured for sale in the United States. Section S5.2.4 sets forth labeling requirements for brake hose assemblies.

Section S5.2.4 states that

Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information:

(a) The symbol DOT constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards.

(b) A designation that identifies the manufacturer of the hose assembly which shall be filed in writing with: Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington DC 20590. The designation may consist of block capital letters, numerals or a symbol.

In addition, section S5.2.4.1 provides as an option that at least one end fitting be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly.

I have also enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufacturers to NHTSA within 30 days after it first imports its products into the United States. The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information:

1. A certification that the designation of agent is valid in form and binding on 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 address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm or a United States corporation; and,

6. The full legal name and address of the designated agent.

7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:106 d:12/12/95

The standard defines a "brake hose assembly" as a "brake hose, with or without armor, equipped with end fittings for use in a brake system..."

ID: 11292ZTV

Christopher A. Cernik, Esq.
Couch, White Brenner, Howard & Feigenbaum
P.O. Box 22222
Albany, NY 12201

Dear Mr. Cernik:

This is in reply to your letter of October 11, 1995, to Thomas M. Louizou, NHTSA Regional Administrator, seeking an interpretation of Federal Motor Vehicle Safety Standard No. 108 on behalf of your client, RoyRock LLC. RoyRock wishes to know "the extent to which it may state that the Dobert Lights meet DOT requirements when used as temporary replacement lights for certain lights required on commercial motor vehicles . . . ."

RoyRock is the distributor for the Dobert Universal Safety Light, two of which you enclosed with your letter. This is a lamp operated by two AA batteries, in either steady-burning or flashing mode, which may be affixed to a vehicle and is equipped with a road base stand for off-vehicle use. We note that the art work on the blister pack also depicts use of the lamps on products other than motor vehicles, specifically tractors and boats.

One intent for the Dobert Light is for it "to act as a temporary replacement for several standard lamps and reflectors as required by Standard 108", specifically, "taillamps; side marker lamps; identification lamps; vehicle hazard warning signal flasher; clearance lamps; and intermediate side marker lamps; . . . reflex reflectors and side reflex reflectors."

As you note, "[a]t issue is the fact that Standard 108 does not contemplate the use of temporary replacement lights." We

agree with that statement. Paragraph S3(c) specifies that Standard No. 108 applies to "Lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies." Unless that equipment is identical in design to original equipment, it cannot be said to be a replacement for it. The purpose of paragraph S5.8 Replacement Equipment and most of its ten subparagraphs is to require that replacement equipment be designed to meet the same level of performance as original equipment. As you also note, the wiring requirements of paragraph S5.5 cannot apply to the activation and operation of the Dobert Light. In our view, taken together, paragraphs S3(c), S5.5, and S5.8 indicate the agency's unmistakable intent that the replacement lighting equipment governed by Standard No. 108 is equipment that differs from original equipment only in the time in which it installed on a motor vehicle. Replacement equipment is intended to be permanent, not temporary, and operable through a vehicle's electrical system and not through self-contained power sources outside the vehicle.

In our view, the Dobert Light meets the statutory definition of 49 U.S.C. 30102(a)(7)(B) for "motor vehicle equipment" to the extent that it is "an accessory or addition to a motor vehicle" even though it is not replacement equipment. Under Standard No. 108, the symbol "DOT" on a product is the manufacturer's certification that it complies with all applicable Federal motor vehicle safety standards. However, neither Standard No. 108 nor any other Federal motor vehicle safety standard applies to this item of accessory lighting equipment and use of the DOT symbol on it would be inappropriate and misleading. Standard No. 108, however, would not prohibit the Dobert Light from being marked with the SAE lighting code specifying the various automotive lighting functions that its manufacturer believes it may meet.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:3/8/96

ID: 11293b

Mr. Ken Van Sciver
Sciver Corporation
Post Office Box 1283
Broomfield, CO 80038

Dear Mr. Van Sciver:

This responds to your letter of October 3, 1995 to this office requesting information on any safety standards applicable to the Auto Bib, a new product you are developing and marketing. From the promotional material you furnished with your letter, your Auto Bib can be described as a portable cover, of Naugahyde fabric, that clips between the window and door molding of a vehicle's door. The Auto Bib unrolls downward to cover the door, and is intended to protect the door's upholstery from damage caused by children, pets, and the sun.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. NHTSA enforces compliance with the standards by randomly purchasing and testing motor vehicles and equipment. NHTSA also investigates safety-related defects. If a vehicle or item of equipment is found not to comply with applicable standards or is found to have a safety defect, the manufacturer is responsible for remedying the noncompliance or defect at no charge to the customer. NHTSA neither tests, approves, disapproves, endorses, or grants clearances for products prior to their introduction into the retail market.

Turning now to the Auto Bib, NHTSA would classify it as an item of motor vehicle equipment, defined in 49 U.S.Code (U.S.C.), '30102(7)(B) as any "part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle." Specifically, the Auto Bib is an accessory if it meets two tests:

a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

b. It is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

After reviewing the product literature you enclosed with your letter, we conclude that the Auto Bib is an accessory. The Auto Bib was designed and is being marketed with the expectation that a substantial portion of its expected use will be in motor vehicles. Even its name indicates its intended purpose. Secondly, the promotional literature makes it clear that the Auto Bib is intended to be purchased and principally used by ordinary users of motor vehicles, as distinguished from professional vehicle repair businesses, since its stated purpose is to preserve motor vehicle upholstery from damage by children, pets, and the sun.

While the Auto Bib is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, you as the manufacturer are subject to the requirements of 49 U.S.C. '' 30116 - 30121 which set forth the recall and remedy procedures for products with defects related to motor vehicle safety. As noted earlier, in the event that you or NHTSA determines that the product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.

You asked about state or local requirements that may apply to your product. NHTSA has no information on such requirements. You may, however, be able to obtain some relevant information in that regard from:

Automotive Manufacturers Equipment Compliance Agency, Inc. 1090 Vermont Avenue, N.W., Suite 1200 Washington, DC 20005 (202) 898-0145; Fax (202) 898-0148

I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr. Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel Ref:206 d:12/8/95

ID: 11294

Ms. Rita Cola Carroll
Chairperson, Bus Safety Committee
Great Valley School District
275 W. Central Avenue
Paoli, PA 19301

Dear Ms. Carroll:

This responds to your question whether a child sitting on a school bus seat with part of his body extending into the aisle, is afforded the compartmentalization protection of Federal Motor Vehicle Safety Standard No. 222, School bus passenger seating and crash protection.

We have addressed this issue in an October 26, 1994, letter to Ms. Debra Platt of Stuart, Florida, and have enclosed a copy of our response for your information. In the Platt letter, NHTSA agrees that it is far less safe for children to sit on the edge of school bus seats, rather than face forward. We are enclosing a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety, which is referenced in the Platt letter. Guideline 17 uses specific wording with regard to seating of school children. It says: "Seating should be provided that will permit each occupant to sit in a seat intended by the vehicle's manufacturer to provide accommodation for a person at least as large as a 5th percentile adult female, as defined in 49 CFR 571.208."

We are also enclosing a copy of a report prepared by this agency entitled School Bus Safety Report, and a copy of a Report Summary prepared by the Transportation Research Board in May 1989. The latter two reports give a good overview of school bus safety issues, and they and Guideline 17 contain recommendations to the various states in developing their own pupil transportation safety programs.

As noted in the Platt letter, since the States regulate school bus use, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Pennsylvania Governor's highway safety representative is:

Mr. Michael Ryan Governor's Highway Safety Representative Deputy Secretary Highway Safety Administration Commonwealth of Pennsylvania 1220 Transportation & Safety Building Harrisburg, PA 17120 Telephone: (717) 787-6815

I hope the enclosed information is helpful to you. Should you have any other questions or need additional information, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ref:222 d:11/21/95

ID: 11295ADRN

Charles A. Grandy, Esq.
Baker & Daniels
300 North Meridian Street
Suite 2700
Indianapolis, IN 46204-1782

Dear Mr. Grandy:

This responds to your letter seeking confirmation that OEM passenger car wheel manufacturers have no certification responsibilities.

In your letter, you explain that your client is "an automobile wheel manufacturer that exports wheels to certain automobile manufacturers in the United States to be used in the production of passenger cars." You state your belief that your client does not have to certify its wheels, since neither Standard No. 110, Tire selection and rims, nor 211, Wheel nuts, wheel discs, and hub caps, "appears to apply to automobile wheels and we find no other Safety Standards applicable to automobile wheels."

You are correct that Standard No. 110 does not apply to your client's product. A motor vehicle wheel is comprised of a wheel rim and wheel disc. While Standard No. 110 specifies two requirements for passenger car rims (section S4.4), it is a "vehicle" standard with which the completed vehicle must comply, rather than an "equipment" standard for wheel components. Thus, the vehicle manufacturer, and not your client, would be responsible for certifying compliance with this standard.

With regard to Standard No. 211, we wish to clarify an issue about the applicability of the standard. Standard No. 211, Wheel nuts, wheel discs, and hub caps, applies to passenger car equipment. S4, Requirements, of the standard states:

As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections that extend beyond the plane that is tangent to the outboard edge of the wheel rim at all points around its circumference. ***

Standard No. 211 defines "winged projection" in S3.2, and shows an example of a "winged projection" in Figure 1.

Your letter does not provide enough information to enable us to determine with certainty whether your client's wheels comprise components subject to Standard No. 211. The term "wheel discs" used in S4 typically refers to a component that is a part of a wheel in the same manner as a center-mounted wheel nut or hub cap. Your client's wheels may or may not include such components.

Please note that NHTSA is considering rescinding Standard No. 211, based on our tentative conclusion that it is unnecessarily design-restrictive. (60 FR 31947, June 19, 1995.) The public comment period closed on August 3, 1995. NHTSA is reviewing the public comments and expects to make a final decision on the matter in the near future.

I hope this information is helpful. If you need any further information, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:110#211 d:1/30/96

ID: 11303

Mr. Jim Young
Wheeled Coach
P.O. Box 677339
Orlando. FL 32867-7339

Dear Mr. Young:

This is in reply to your FAX of October 17, 1995, asking for interpretations of Motor Vehicle Safety Standard No. 108, as in relates to "customer specifications for options incorporated into, or in addition to FMVSS lighting." You have described these options as:

"Brake override circuit for rear facing warning lights. The rear warning lights flash as warning lights until the brakes are applied, at which time they become steady burn. This option is in addition to the standard brake lights. If this is acceptable, should the lights be required to meet all requirements of stop lights? (ie.; maximum luminous intensity, color, etc. . .)"

As you clarified in a phone conversation with Taylor Vinson of this Office on November 2, the "rear facing warning lights" are part of the ambulance lighting system which is not a system required by Standard No. 108. This option is permissible. Although there is no Federal legal requirement that governs the performance of ambulance warning systems, we recommend that the rear facing warning lights be red, the required color for stop lamps, inasmuch as the intent seems to be to provide an additional indication that the brakes have been applied.

"Brake Enhancer. Standard or additional stop lights are made to flash on/off several times before going steady burn."

This is not permissible. Standard No. 108 requires all stop lamps to be steady burning.

"Back -up alert strobes. Rear facing high intensity strobe lights that are activated when the gearshift lever is placed into reverse gear."

Optional equipment is permissible if it does not impair the effectiveness of lighting equipment required by the standard. You have not indicated the color of the strobe lamps. If they are red or amber, they could cause confusion in the eyes of an observer when operated simultaneously with the steady burning white backup lamp. There is a lesser possibility of confusion if they cast a white light, as long as they do not mask the steady burning backup lamp. In that event, the strobes could be fitted to the ambulances.

"Taillight flashers. Taillights or brake lights are flashed alternate to backup lights until brakes are applied, at which time they go steady burn. The option at times may be requested to only work if the rear doors on the ambulance are open."

This is not permissible. Standard No. 108 requires taillamps as well as stop lamps to be steady burning, under all circumstances.

If you have further questions, you may refer them to Taylor Vinson (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:11/17/95

ID: 11305

Mr. Edward Mansell
Chief Engineer
Polar Tank Trailer, Inc.
12810 County Road 17
Holdingford, MN 56340-9773

Dear Mr. Mansell:

This is in reply to your letter of October 10, 1995, to Philip R. Recht, former Chief Counsel of this agency. You seek an interpretation of the conspicuity requirements of Motor Vehicle Safety Standard No. 108 as they apply to some Food Grade Tank Trailers (FGTTs).

Paragraph S5.7.1.4.1(a) requires conspicuity sheeting to be placed "across the full width of the trailer" and "as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface." You indicate that for many trailers the rear bumper is the closest practicable location (approximately 500 mm), but that, on some FGTTs, the load/unload ports are directly above the center portion of the rear bumper. The hot water to which the bumper is exposed degrades the conspicuity sheeting. "Since installation of sheeting subject to frequent hot water run off is not practicable", you interpret this paragraph to allow the sheeting to be "applied from the extreme ends of the bumper to points no more than 6 inches (150 mm) to the left or right of the area directly below the load/unload area." You also state that "otherwise, the center section of the sheeting should be located on the tank, above the load/unload area."

We believe that this interpretation meets the intent of the standard. Under paragraph S5.7.1.4.1(a), the mounting height of the conspicuity material is based upon practicability, but the application "across the full width of the trailer" is absolute. We interpret "across the full width" to mean that the sheeting must cover the entire width of the vehicle, though not necessarily on the same plane or continuously. Thus, mounting above the load/unload area would be acceptable as a practicable location. Generally, the agency defers to a manufacturer's determination of practicability and will not question it if it is not clearly erroneous. It is not the intent of the standard that manufacturers "redesign trailers to redirect the flow of wash water."

You also believe that, for FGTTs which use a cabinet to enclose the load/unload area, "conspicuity sheeting should be

mounted on the cabinet doors to augment the sheeting on the bumper." Although you did not enclose a drawing of this configuration, it appears acceptable. We assume that, when viewed from the rear, the sheeting has the appearance of extending across the full width of the vehicle, even if the section on the cabinet doors is not on the same plane as that on the bumpers. This, too, is acceptable as a manufacturer's determination of practicability.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:12/1/95

ID: 11308

Mr. A.D. Fisher
308 Lolly Lane
Jacksonville, FL 32259

Dear Mr. Fisher:

This is in reply to your letter of October 11, 1995, asking for our comments on the relationship of your lighting invention, "The Enlightener," to Federal Motor Vehicle Safety Standard (FMVSS) No. 108.

The Enlightener is intended to replace the center highmounted stop lamp. The lens has two colors, divided between amber at the top and red at the bottom. The amber portion is lit in a steady burning mode when both the accelerator and brake are not depressed, and in a flashing mode when the transmission lever is in Reverse. The red portion is lit when the brake pedal is depressed and amber is extinguished.

This device would not be permissible under FMVSS No. 108. The center highmounted stop lamp must stand alone; the lamp cannot serve another function, and paragraph S5.4(a) prohibits combining it with any other lamp.

In addition, the backup function on motor vehicles is furnished by a steady burning white lamp, required by FMVSS No. 108. The presence of a flashing amber lamp operating simultaneously would impair the effectiveness of the backup lamp by sending a conflicting signal.

I am sorry that we cannot provide you a more positive response. If you have any questions, you may refer them to Taylor Vinson of this office by calling (202) 366-5263.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:11/21/95

ID: 11316

The Honorable Bob Clement
U.S. House of Representatives
Washington, DC 20515-4205

Dear Congressman Clement:

Thank you for your letter of October 3, 1995, enclosing correspondence from Mr. Dale Allen Pommer concerning his attempts to have a third seat belt installed in the back seat of his 1983 Chevrolet S-10 Blazer. Mr Pommer has been told that this cannot be done because of safety laws. You requested comments on Mr. Pommer's letter. As explained below, there is no Federal prohibition against the modification Mr. Pommer would like done to his vehicle. However, Federal law does place some limits on how the modification is done. The installation of additional seat belts must be done in a way that does not compromise the performance of the existing seat belts.

Some background information about the agency may be useful. NHTSA has the authority to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Federal motor vehicle safety standards are minimum standards, and may be exceeded by manufacturers. Federal law prohibits the manufacture or sale of any new motor vehicle or new item of motor vehicle equipment which does not conform to all applicable Federal motor vehicle safety standards in effect at the time of manufacture.

After the first retail sale, there is a limit on the modifications that can be made by certain businesses to vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard (49 USC '30122). In general, the "make inoperative" prohibition would require a business which modifies motor vehicles to ensure that it does not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable safety standard.

A safety belt is an item of motor vehicle equipment and all safety belts sold in the United States must be certified as

complying with Standard No. 209, Seat Belt Assemblies, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as a replacement part. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. The additional belt which might be added to Mr. Pommer's vehicle must comply with the requirements of Standard No. 209.

In addition to Standard No. 209, the agency has issued two additional safety standards which apply to new vehicles and affect safety belts: Standard No. 208, Occupant Crash Protection, which sets forth requirements for occupant protection at the various seating positions in vehicles, and Standard No. 210, Seat Belt Assembly Anchorages, which establishes strength and location requirements for seat belt anchorages. The 1983 Chevrolet S-10 Blazer would have been required to have, at a minimum, a lap belt at each rear designated seating position.

A "designated seating position" is defined by NHTSA regulations as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion...Any bench or split- bench seat ...having greater than 50 inches of hip room (measured in accordance with SAE Standard J1100(a)) shall have not less than three designated seating positions.

Since the 1983 Chevrolet S-10 Blazer had a rear bench seat with 49.5 inches of hip room, that seat was required to have a minimum of two lap belts.

The "make inoperative" prohibition discussed earlier would not prohibit a business from adding a third seat belt to Mr. Pommer's vehicle. In addition, the anchorages would not have to comply with Standard No. 210. However, in adding the third seat belt, it is possible that the existing belts and

anchorages would have to be relocated. The businesses contacted by Mr. Pommer may be concerned that the belts and anchorages could not be removed and replaced without "making inoperative" the compliance of those belts and anchorages.

I hope this information has been helpful.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:VSA#208#209#210 d:11/14/95

ID: 1132

Mr. Yoshiaki Matsui
Manager
Automotive Equipment
Legal & Homologation Section
Stanley Electric Co., Ltd.
2-9-13, Nakameguro, Meguro-ku
Tokyo 153, Japan

Re: Headlamp System Containing Fog Lamp

Dear Mr. Matsui:

This replies to your letter of August 11, 1995, with reference to possible headlamp systems that produce a fog lamp beam, as well as upper and lower beams. According to your letter, "the fog lamp is reciprocally incorporated with the high beam headlamp, using one dual-filament bulb (ex.; HB2). The high beam and the fog lamp will not be lit simultaneously." You refer to paragraph S5.1.3 of Federal Motor Vehicle Safety Standard No. 108 and conclude that "such a combination will not impair the effectiveness of the headlamp."

We agree, with respect to the headlamp itself, that a fog lamp operating simultaneously with the lower beam will not impair the effectiveness of the lower beam's photometrics and ability to illuminate the roadway. We view this as a supplement to the lower beam. However, under S5.1.3, the question is whether the fog lamp, either operating alone or when the lower beam headlamp is activated, will impair the effectiveness of any front lighting equipment that is required by Standard No. 108. The responsibility for the determination of compliance with S5.1.3 is not Stanley's, but that of the manufacturer of the vehicle in which the combination headlamp is installed, who must certify that its vehicle meets all applicable U.S. Federal motor vehicle safety standards.

The other front lighting equipment required by Standard No. 108 consists of parking lamps and turn signal lamps. The amber parking lamps serve to mark a vehicle, a function incidentally served by white fog lamps. Thus we do not believe that the Stanley headlamp would impair the effectiveness of parking lamps in any position in which the headlamp may be installed on the front of a vehicle.

The situation differs with respect to turn signal lamps. A vehicle manufacturer must take care to ensure that a vehicle on which the combination headlamp is installed conforms to the requirements of Standard No. 108 and to paragraph 5.1.5.4 of SAE Standards J588 NOV84 or J1395 APR85, the two turn signal standards incorporated by reference in Standard No. 108. Paragraph 5.1.5.4 treats the relationship between luminous intensity and photometrics "where the front turn signal is mounted in close proximity to the low beam headlamp or any additional lamp used to supplement or used in lieu of the low beam, such as an auxiliary low beam or fog lamp." It does this by establishing luminous intensity multipliers based upon the distance that separates the lamps. For example, if the space between the front turn signal and the lighted edge of the fog lamp is 75 mm to less than 100 mm, the photometric requirements for a front turn signal lamp are 1.5 times more than those required when the spacing is 100 mm or more (Paragraph S5.3.1.7 of Standard No. 108 requires the multiplier at this distance to be 2.5 when the lamp is a lower beam headlamp rather than a fog lamp).

Finally, as a cautionary note, we believe that Stanley should evaluate the glare potential of the headlamp when the fog lamp and lower beam are operating simultaneously, as it is important to safety that oncoming drivers not be distracted or discomforted in the operation of their vehicles.

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

Sincerely,

John Womack Acting Chief Counsel ref:108 d:9/20/95