ID: 11888-1.PJA

Mr. John DiGregorio
235 Pello Road
Bricktown, NJ 08724

Dear Mr. DiGregorio:

This responds to your May 2, 1996, letter asking how Federal regulations would affect your product, a Atransparent tint@ film that sticks by static cling directly to the outside side view mirrors of vehicles. You state that the purpose of the product is to reduce glare from the mirror.

The National Highway Traffic Safety Administration (NHTSA) does not have any specific Federal motor vehicle safety standard directly applying to tint film for mirrors. However, if your product were manufactured for a new vehicle, Safety Standard No. 111, Rearview mirrors (49 CFR 571.111), would apply to the vehicle. Standard 111 prescribes construction requirements for all mirrors, including the driver=s outside mirror on passenger cars. S11 of the standard requires a single reflectance mirror to have an average reflectance of 35 percent. If your product were installed on a new vehicle, the vehicle manufacturer would have to certify that the mirror/film combination reflected at least 35 percent of incident light.

There are other Federal requirements that affect the manufacture and sale of your product. Your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you would be subject to the requirements concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a statutory provision, that prohibits them from Amaking inoperative@ any device or element of design installed in compliance with an applicable Federal safety standard. ...." A business, such as a car dealer or repair shop, could not install your film on a new or used vehicle if it reduced the mirror reflectance below 35 percent.

We do not regulate vehicle owners adding to or otherwise modifying their vehicles. Thus, if your product were installed by the vehicle owners, they would not need to meet any Federal motor vehicle safety standard. Nevertheless, NHTSA urges them not to degrade the safety of their vehicles.

Individual states have the authority to regulate the use of vehicles. As for information on state requirements, we suggest you contact the Department of Motor Vehicles in the states the tint will be sold or used.

If you have any further questions, please feel free to contact Paul Atelsek of my staff at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:111 d:6/14/96

2

ID: 11893.DF

Mr. Simon Clarke
Clarke Safety Products
621 Bayshore Dr.
Tarpon Springs, FL 34689

Dear Mr. Clarke:

This responds to your letter asking several questions about the responsibilities associated with Agrooving windshields.@ We assume you refer to the process of grinding grooves into the lower portion of a windshield. The purpose of the grooves is to improve the efficacy of the windshield wipers.

I have enclosed copies of two letters on this subject, both addressed to Mr. Andrew Kallman, dated March 1, 1985 and October 28, 1988. These letters explain how the National Highway Traffic Safety Administration=s (NHTSA=s) regulations would apply if the grooves are ground into a windshield of a new vehicle, into a windshield sold as an item of replacement equipment, or into a windshield of a used vehicle.

Those letters address the issues you raise, and I will refer to them from time to time in answering your specific questions.

Question 1. Are you able to alter a previously certified item of motor vehicle equipment covered by Federal Motor Vehicle Safety Standard 205?

Answer: Our answer is yes, provided that certain requirements are met. As explained in the enclosed March 1985 letter, if the grooves are ground into the windshield of a new vehicle or into a new windshield sold as replacement equipment, the person making the grooves would have to ensure that the glazing continues to comply with all of the requirements of Standard 205. If the grooves are ground into the windshield of a used vehicle, any manufacturer, distributor, dealer or motor vehicle repair business must not make inoperative the compliance of the vehicle=s glazing with Standard 205. Individual owners may alter their vehicles as they please, as long as they adhere to all State requirements.

Question 2. If you did alter a previously certified item, could you now be construed the manufacturer and should now be perceived a Glazing Manufacturer with an I.D.#?

The answer depends on how the glazing is altered. NHTSA issues a manufacturer=s code mark only to "prime glazing manufacturers," which is defined at S6.1 as Aone who fabricates, laminates, or tempers the glazing material." If your company does not alter glazing in those ways (and merely adding grooves does not), you would not need, and NHTSA would not issue, a manufacturer=s code mark.

Question 3. If one now is to become a Glazing Manufacturer, how does one do so and how does one receive a Glazing I.D.#?

Prime glazing material manufacturers may receive a manufacturer=s code mark by writing NHTSA at the following address: Office of Vehicle Safety Compliance, NHTSA, Room 6111, Washington D.C., 20590 (telephone (202) 366-2832).

Question 4. For me now to proceed and groove windshields, what steps must I take to abide by the law and to hold my liabilities to a minimum and not be deemed negligent?

Our statute does not permit NHTSA to assure any person or entity that its product or processes comply with all applicable requirements or to Aapprove@ some product or process. Instead, our statute requires the manufacturer itself to certify that its products comply with all applicable safety standards, and to ensure they are free of safety-related defects.

The enclosed copies of the Kellman letters discuss your responsibilities for meeting NHTSA=s requirements, including Standard 205. You should also be aware of State requirements. In addition, you may want to check with a private attorney for your responsibilities under State tort law.

Please feel free to contact Paul Atelsek of my staff at (202) 366-2992 if you have any further questions.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ref:205 d:6/18/96

2

ID: 11896.ZTV

R. Wender
P.O. Box 456
Flushing, NY 11365-0456

Dear Sir or Madam:

Your letter of April 26, 1996, to the Office of Vehicle Safety Compliance has been forwarded to this Office for reply. You have asked whether there are any Federal regulations that apply to an aftermarket accessory center highmounted stop lamp (we refer to it as a "CHMSL") that you have bought for use on a used station wagon that you bought. As you describe it, the CHMSL is ten inches long, one inch wide, and one inch deep. Mounted inside the rear window, the CHMSL contains four bulbs. When the brake pedal is depressed, each of the four bulbs is lit sequentially, from right to left then back to right.

Each passenger car manufactured on and after September 1, 1985, must be equipped with a CHMSL that conforms to Federal Motor Vehicle Safety Standard No. 108. Further, any aftermarket CHMSL that is intended to replace the original CHMSL must also meet the requirements of the standard. One of the requirements is that the CHMSL be steady burning when the brake pedal is applied, that is to say, that all light sources must illuminate simultaneously when the brake pedal is applied, and be extinguished simultaneously when the brake pedal is released. The purpose of this is to ensure that the CHMSL is instantly recognized as part of the stop lamp system, so that the driver following can apply the brakes without hesitation or take evasive action if needed. In the aftermarket CHMSL you describe, the four light sources are not illuminated or extinguished simultaneously, and for this reason the lamp could not be used as a replacement CHMSL on cars manufactured on or after September 1, 1985.

Apparently your station wagon was manufactured before September 1, 1985, since its manufacturer did not provide it with a CHMSL. In this situation, the accessory lamp is not replacement equipment covered by Standard No. 108 since it is not replacing an item of required equipment with which the car was originally equipped. However, we administer a law that forbids manufacturers, dealers, distributors, or motor vehicle repair businesses from making modifications that "make inoperative" any original safety equipment on the vehicle installed in accordance with a Federal safety standard. Because of the potential of a flashing CHMSL to cause confusion with the pair of steady-burning stop lamps mounted lower on each side of the vehicle, it is our opinion that the installation of the aftermarket CHMSL would make the regular stop lamps partially inoperative within the meaning of the prohibition.

The prohibition does not apply if the modifications to a vehicle are done by its owner, and you would not be in violation of the Federal statute if you personally installed the CHMSL. However, whether it is legal to use it depends upon the law of the state where the CHMSL is operated. We are not able to advise you about the applicability of New York law to the light and suggest that you contact the state Department of Motor Vehicles for an answer.

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:6/6/96

ID: 11909RLX.LAB

Ms. Renee Brunson
Renolux Paris
5553 Ravenswood Rd., Suite 103-104
Ft. Lauderdale, FL 33312

Dear Ms. Brunson:

This responds to your May 13, 1996, letter and May 14 telephone call to Deirdre Fujita of my staff, asking about the labeling requirements of Federal Motor Vehicle Safety Standard No. 213, AChild Restraint Systems.@

Your letter is one of several we recently received concerning your company=s plan to sell imported child seats. In previous correspondence between your company (formerly Baby Comfort Inc.) and this office, it became apparent that certain child seats Baby Comfort wished to sell could not meet the requirements of Standard 213 and thus could not be certified to the standard or sold to the public. (April 16, 1996, letter to David Baret, President of Baby Comfort; April 29 letter to Lawrence Feder, counsel to Mr. Baret.) You told Ms. Fujita that the seats you now ask about are different from the nonconforming seats and that you believe these can meet the standard.

You ask a series of 14 questions about Standard 213. Your questions are restated below, followed by our answers.

Question 1: Can the specified labels in the standards be incorporated together? Are there any requirements or restrictions on which statements can be combined? (As long as the wording and placement of labels is according to standards.)

Answer: The information that S5.5.1 of Standard 213 requires to be permanently labeled on each child restraint can appear on one label. The standard has no restriction on which statements can

be combined. Note, however, that S5.5.3 requires some of the required statements to be visible when the system is installed. All the information on the restraint should be presented clearly.

2. Does the wording on the labels have to [appear] exactly as in the standards? Or can we add something to emphasize a point?

Generally, the wording must be as specified. However, manufacturers may present information in addition to the required information, if the additional information is presented in a manner that is not likely to obscure or confuse the meaning of the required information. See, e.g., April 17, 1989 letter to Robert Craig (labeling child seats with metric units), copy enclosed.

3. Can the instruction booklet be anywhere on the seat, possibly under the base?

You ask about S5.6.1.6 of Standard 213, which requires each add-on (portable) child restraint system to have a location on the restraint for storing the manufacturer=s instructions. The storage location may be under the base.

4. Can labels be sewn onto the seat cover? (Made out of a different material than the stickers, of course, and permanently affixed by sewing.)

The child seat cover (pad) may be labeled with the specified information. Under S5.5.1, the information must be permanent. Also, S5.7 of Standard 213 requires Aeach material used in a child restraint system@ to conform to the flammability resistance requirements of Standard 302. Labels affixed to a child restraint must comply with Standard 302, including sewn labels.

5. The label specified in S5.5(i) [sic] with regards to the use of the vehicle=s belt system does not apply to our seats as written in the standards. Can this be modified to suit our particular seat?

The statement specified in S5.5.2(i) is required only for booster seats, which we understand your seat is not. Thus, your seat need not have this statement.

While you are not required to label your seats with the S5.5.2(i) statement, you asked in a telephone call whether you may voluntarily add a statement similar to that of S5.5.2(i), because your seat can be used with both a vehicle=s lap belt or a lap and shoulder belt system. Your statement would direct users Ato install the seat using the vehicle=s belt system as specified in the manufacturer=s instructions.@ Our answer is the statement may be on the label. It would not obscure or confuse labeling required by Standard 213. In fact, it might help ensure that the seat is properly used.

6. Our seats are not belt positioning and no inversion tests were performed to determine aircraft compatibility. Do they require the label - NOT CERTIFIED FOR AIRCRAFT USE?

If the seat is not a belt-positioning seat (defined in S4 of the standard), it is excluded from the requirement of S5.5.2(n) that it must be labeled AThis Restraint is Not Certified for Use in Aircraft.@ Belt- positioning seats must be so labeled because the Federal Aviation Administration and NHTSA determined they are not suitable for aircraft use. The agencies have also recently determined that harnesses and backless booster seats must also be so labeled. (See enclosed final rule, 61 FR 28423, June 4, 1996.)

7. For instructions - as long as all statements are made according to standards - can we add any other information we wish regarding our seats? Are there any restrictions?

You ask about S5.6, which requires each add-on restraint system to be accompanied by installation instructions that includes certain specified information. You may add other information to the instructions, provided that the information would not cause confusion.

8. Are there Federal Label standards for materials [material content]? For any other states other than California?

There is no Federal requirement that you label the material content of the restraint. As for information on state requirements, we suggest you contact the Department of Motor Vehicles in the states the child seat will be sold or used.

9. Are there any requirements as to whether or not the seat (plastic part) has to have any information stamped into it? Or with raised letters?

Some manufacturers may have chosen to mold (or emboss) the required labeling into a restraint to ensure the permanency of the labeling. While NHTSA does not require molding or embossing the information, in a 1979 final rule upgrading Standard 213 NHTSA urged manufacturers, whenever possible, to mold the label into the surface of the restraint rather than use a paper label. 44 FR 72131, December 13, 1979.

10. I have noticed small numbers on some of the labels affixed to other carseats, do you know if it is some Federal requirement or what these numbers are? Must we show a patent number, etc.?

As discussed on the phone, we do not know what small numbers you refer to. Standard 213 does not require you to show a patent number.

11. Since we distribute the carseats, can our name be on the label for the recall information instead of the manufacturer, stating we are the distributor? We will be handling all inquiries regarding the seats.

Your company=s name may be on the label. We consider a Amanufacturer@ to include a company importing motor vehicle equipment.

12. Can we send labels for NHTSA approval before we print all of them? Is there someplace we could send a complete, labeled seat for approval?

NHTSA does not approve products or labeling on products. The responsibility for compliance with the labeling requirements, as well as all other requirements of the standard, rests with the manufacturer. Although we cannot recommend any testing facility, we are aware that the following facilities conduct tests of child restraints:

Calspan Corporation 4455 Genesee St. Buffalo, NY 14255

Detroit Testing Laboratory, Inc. 7111 E. Eleven Mile Rd. Warren, MI 48092

Child Passenger Protection University of Michigan c/o UMTRI 2901 Baxter Rd. Ann Arbor, MI 48019-2150

13. What does Aoutboard@ seating position mean?

You ask this with regard to S5.5.2(l), which requires child restraints to be labeled with an installation diagram showing the system installed in the Aright front outboard seating position . . . .@ AOutboard designated seating position@ is defined in '571.3 of NHTSA=s regulations. The position you ask about is the front right seating position.

14. Does NHTSA require anything (labels, warnings, etc.) on the box or packaging?

The answer is no, with regard to boxes or packages for child restraint systems.

If you have other questions, please call Ms. Fujita at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

ref:213 d:6/7/96

ID: 11920.DRN

Mr. Richard Barbera
DYNACUSA
6305 Renaissance Way
Atlanta, GA 30308

Dear Mr. Barbera:

This responds to your May 13, 1996, letter asking if the requirements of the National Highway Traffic Safety Administration (NHTSA) apply to your product, the "Fixcover." The Fixcover is a plastic disc that is designed to be attached to a motor vehicle wheel rim. You state that the Fixcover resembles a hub cap and when attached to a vehicle, "will stay in place and will not rotate even if the car is moving." You indicate that this enables any advertisement placed on the Fixcover to be legible at all times.

NHTSA is authorized to issue safety standards for new motor vehicles and new items of motor vehicle equipment. This agency does not approve motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. The following opinion is based on the information in your letter.

While the Fixcover is an item of motor vehicle equipment, NHTSA has not issued any safety standards for such an item. You appear to believe that the Fixcover may have to meet Safety Standard No. 211 Wheel Nuts, Wheel Discs, and Hub Caps. The standard would not apply, as the Fixcover incorporates no "winged projections." In any event, on May 6, 1996, NHTSA rescinded Standard No. 211, effective June 5, 1996.

While no Federal safety standard applies to the Fixcover, you are subject to the provisions of sections 30118-10122 of our statute (at Title 49 of the United States Code) concerning the recall of products with safety-related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Other legal requirements may apply depending on how the Fixcover is sold. If the Fixcover were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would certify that the vehicle, with the Fixcover, meets all safety standards. In addition, if the Fixcover is installed by a motor vehicle manufacturer, distributor, dealer, or repair business on a new or used vehicle, '30122(b) of our statute prohibits those commercial businesses from "knowingly

making inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ..." Any violation of this "make inoperative" prohibition subjects the violator to a civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Fixcover on their own vehicles, even if the installation were to somehow result in the vehicle no longer meeting a safety standard. However, NHTSA urges owners not to degrade the safety of their vehicles.

Individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

In the enclosed information sheet, I direct your attention to the discussion on pages 2-3, of NHTSA's requirement that foreign manufacturers designate a permanent resident of the U.S. as the manufacturer's agent for service of all process, notices, orders and decisions. While your letter states that you are a Swiss based company, you informed Dorothy Nakama of my staff that you intend to manufacture the Fixcover in this country. If your company manufactures all Fixcover components in the U.S., it need not designate an agent. However, if your company imports any Fixcover component into the U.S., including the plastic cover and metal components that hold the cover to the vehicle, the foreign manufacturer must designate an agent in accordance with 49 CFR Part 551, Procedural Rules, Subpart D.

If you have any further questions, please feel free to contact Dorothy Nakama at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:211#VSA d:6/5/96

ID: 11495ZTV

Mr. Anil Anand
Director (Engg.)
Fiem Industries Ltd.
C-171, Mayapuri Industrial Area, Phase II
New Delhi 110 064
India

Dear Mr. Anand:

We have received your letter of December 14, 1995, with respect to obtaining "SAE/DOT approval" for certain items of motorcycle lighting equipment, specifically headlamps, taillamps, and "blinker lamp assy front/rear." By this, we believe you refer to "turn signal lamps." This is the term for them in the U.S. lighting standard, Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.

Your letter indicates that Fiem Industries will supply lighting equipment to a manufacturer of motorcycles who will install the equipment and export the completed motorcycle to the United States. Under our laws, before a motorcycle is admitted to the U. S., the manufacturer must place on it a label certifying that the motorcycle complies with all applicable U.S. Federal motor vehicle safety standards (including the lighting standard). Our laws do not require the motorcycle manufacturer to obtain SAE/DOT approval before this label is affixed. Indeed, we are not authorized to test a manufacturer's products and provide approvals.

This self-certification process means that the motorcycle manufacturer must find its own ways of assuring itself that its vehicle complies with the U.S. standards before placing the label on it. It has asked Fiem to obtain SAE/DOT approval. This method is not possible. What is possible is for Fiem to have the lamps tested in India or the U.S. according to the test procedures specified in Federal Motor Vehicle Safety Standard No. 108 or the SAE Standards which are incorporated into it. If the lamps pass the tests, Fiem can show the test documentation to the motorcycle manufacturer as an assurance that the lamps have been designed to conform to U.S. requirements. However, because of production tolerances and the chance of human error, Fiem should retest production

lamps from time to time to ensure that the lamps which it provides the motorcycle manufacturer continue to conform to U.S. requirements. Indeed, the motorcycle manufacturer should insist that Fiem do so (or conduct its own occasional verification testing).

We are authorized to enforce the safety standards through our own tests, and if we find that Fiem's lighting equipment on the motorcycle does not conform, the motorcycle manufacturer will be required to recall the machines and repair them. It will also have to pay a civil penalty unless it can assure us that it exercised reasonable care. Thus its relationship with Fiem bears upon the question of whether it has exercised reasonable care.

You also asked for "the procedure and test specifications." The requirements for taillamps are those of SAE J585e, September 1977. The requirements for turn signal lamps are those of SAE J588 NOV84, except that Standard No. 108 (a) allows motorcycle turn signal lamps to meet only one-half the minimum photometric values specified in Table 1 and Table 3 of SAE J588, and (b) requires the turn signal lamp to have an effective projected luminous area of not less than 3 1/2 square inches; for turn signal operating unit, SAE J589, April 1964; for turn signal flasher, SAE J590b, October 1965. The requirements for headlamps are those of SAE J584, April 1964. I am enclosing a copy of each of these, as well as the test procedures incorporated by reference in the SAE materials. However, under Standard No. 108, a motorcycle sold in the U.S. may also be equipped with one half of certain types of passenger car headlighting systems. We are not enclosing copies of passenger car headlighting standards. If the motorcycle manufacturer is intending to equip its vehicles with a headlighting system using a passenger car headlamp, please inform us of the type and we will be pleased to provide you with the appropriate standards.

Although you did not ask about them, Standard No. 108 also requires motorcycles to be equipped with stop lamps, license plate lamps, and red and amber reflex reflectors. If you intend to supply these and have any questions about them or other motorcycle lighting requirements, you may FAX them to us at 202-366-3820, Attention: Taylor Vinson.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ref:108 d:3/4/96

ID: 11496TENT

Ms. Kristin M. Mortenson
President
Nirin, Inc.
4233 Standish Avenue South
Minneapolis, MN 55407

Dear Ms. Mortenson:

This responds to your letter asking about safety regulations for a product you wish to manufacture, called the Tiny Tent. You describe the Tiny Tent as a covering for infant car seats. (An infant car seat is lightweight and is easily used as an infant carrier to carry an infant to and from the car.) The Tiny Tent would be used when the infant is carried to and from the car in its infant seat in harsh weather.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. The following represents our opinion based on the information in your letter.

There is currently no Federal motor vehicle safety standard that directly applies to your product. Our standard for "child restraint systems," Standard 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." (S4 of Standard 213) The standard does not apply to child seat accessories that are sold separately from the child seats, such as aftermarket infant seat covers.

While no Federal safety standard applies to the Tiny Tent, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you

are subject to the requirements of 49 United States Code ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, a motor vehicle manufacturer, distributor, dealer or repair business is prohibited by our statute from installing the Tiny Tent if the installation "makes inoperative" compliance with any safety standard, such as Standard 213.

The Amake inoperative@ prohibition does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

You note in your letter that manufacturers of infant car seats usually advise users to put the car seat handle behind the seat when the restraint is used in the vehicle. You also state that the Tiny Tent Arolls up around the handle and allows this.@ We agree that any material that may prevent the handle from being secured out of the way of the child would be unsafe in a crash. We suggest you include a statement in the instructions for the Tiny Tent that the car seat handle should be stored in the manner recommended by the car seat manufacturer when the restraint is used in the vehicle.

I hope this information is helpful. If you have any other questions, please feel free to contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:213 d:3/29/96

ID: 11497AWKM

Mr. Kenneth W. Obrycki
2433 Arlington Street
Pittsburgh, PA 15209

Dear Mr. Obrycki:

This responds to your January 16, 1996 letter to this agency suggesting that tire safety would be improved if we were to require a yellow line approximately 1/4 of an inch wide across the width of tires at the 3/32 of an inch tread depth level. You stated that such a requirement could enable consumers to tell when tires are unsafe and could enable state police and inspection stations to readily observe dangerous tread levels. You believe that this would enhance passenger safety because worn tires would be replaced sooner.

We have carefully reviewed your letter, but do not agree that the requirement you suggest is warranted at this time. Our decision is explained below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Among other things, such standards must be reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which they are prescribed. Once a vehicle or item of equipment is sold to the consumer, NHTSA's authority generally terminates and with certain exceptions, use of that vehicle or item of equipment then becomes a matter of state jurisdiction.

NHTSA has issued a number of FMVSSs and related regulations applicable to tires, the pertinent ones here being FMVSS Nos. 109, New pneumatic tires, and 119, New pneumatic tires for vehicles other than passenger cars. Both standards require that all tires have treadwear indicators molded into the tread at the 2/32 of an inch tread depth level. This level was selected by NHTSA based on early studies that showed that when tread is worn to 2/32 of an inch, a tire rapidly loses its traction characteristics, thereby becoming unsafe. Although states, not NHTSA, have the authority to enforce tire removal when the tread depth becomes worn below a certain level, the agency has issued vehicle in use inspection standards at 49 Code of Federal Regulations, Part 570, for states to use as a guide in establishing their own vehicle inspection requirements.

You stated in your letter that Pennsylvania, and perhaps other states, has established minimum tread depth requirements at 3/32 of an inch. The state has the authority to do that, since it has jurisdiction over the use of vehicles and equipment. NHTSA has retained the 2/32 of an inch requirement for tread depth indicators, however, and recently denied a petition to raise the tread depth indicators to 3/32 of an inch because there was no proven safety need to do so. A copy of the denial notice is enclosed.

Although NHTSA has the authority to require a yellow line across the tire to highlight the tread depth indicators, the agency has no data suggesting a safety need for such action. The tread depth indicators currently required, even though unobtrusive from a distance, have been shown to be effective in alerting motorists, inspection stations, and law enforcement personnel to unsafe tire wear. Accordingly, without further data showing a safety need to do so, NHTSA does not believe that requiring yellow tread wear markings in addition to those already required would be reasonable at this time.

Thank you for your interest in motor vehicle safety.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

Ref:109#119 ref:2/22/96

ID: 11498DRN

Mr. John Gray
2484 Hyde Road
Grove City, OH 43123-1414

Dear Mr. Gray:

This responds to your request for an interpretation as to whether Aa truck and trailer that passes all highway safety, and federal regulations [may] be joined together legally . . . . @ In telephone conversations with my staff, you explained that you would like to design a type of trailer that a Amodification shop@ would install on new trucks. Our answer is that the regulations of the National Highway Traffic Safety Administration (NHTSA) permit the joining of the truck and trailer, provided that certain safety requirements are met.

You describe your product as a "trailer" with no articulation, that would lock under the chassis of a truck, and that can be temporarily disconnected in minutes. In a telephone conversation with Dorothy Nakama of my staff, you stated that locking your product onto a truck chassis (by means of a "pintle hook") would enable the truck to carry up to 10,000 pounds more of weight.

This agency has the authority under Federal law to issue Federal motor vehicle safety standards and related regulations applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or endorse products. Vehicle and equipment manufacturers are responsible for "self-certifying" that their products comply with all applicable standards. They must also ensure that their products are free of safety-related defects.

None of the safety standards specify how a truck may be joined to a product such as yours. However, since your product is designed to carry property and will be towed by another motor vehicle, NHTSA would consider your product a trailer. When sold to the first purchaser, the trailer must meet all standards applicable to trailers. There are additional NHTSA requirements that the manufacturer of your product must meet. I am enclosing a copy of our fact sheet "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," that briefly describes these requirements.

A trailer manufacturer must submit certain identifying information to NHTSA in accordance with 49 CFR Part 566, Manufacturer Identification (copy enclosed). The manufacturer must also meet 49 CFR Part 567, Certification, and place on the trailer a label with information specified in 49 CFR 567.4, including the vehicle's gross axle and gross vehicle weight ratings.

A person or business modifying a new truck (i.e., the Amodification shop@ of your inquiry) to incorporate the trailer would be considered an "alterer" of the truck, and would have certain certification responsibilities. An alterer is a person who modifies a previously certified, new motor vehicle (i.e., before the first purchase of the vehicle in good faith for purposes other than resale). Under 49 CFR 567.7 if a new vehicle is altered in such a manner that its stated weight ratings are no longer valid, the alterer must allow the original certification label to remain on the vehicle, and affix to the vehicle an additional label with the following information:

(a) The statement: "This vehicle was altered by (individual or corporate name) in (month and year in which alterations were completed) and as altered it conforms to all applicable Federal Motor Vehicle Safety Standards affected by the alteration and in effect in (month, year.)"

(b) If the gross vehicle weight rating or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label, the modified values shall be provided.

We offer no opinion as to whether it is appropriate to simply add the two separate gross vehicle weight ratings in ascertaining the gross vehicle weight rating of a modified truck.

In addition, if the addition of your trailer caused the altered truck to have a defect that relates to motor vehicle safety, the alterer would be required to notify all owners of the defect and to provide a remedy without charge.

You have additional questions regarding the applicability of commercial driver license (CDL) requirements to a modified vehicle. Since CDLs are administered by the Federal Highway Administration (FHWA), we are referring your CDL questions to that agency. A copy of your letter and our response is being sent to Mr. James E. Scapellato, Director of the Office of Motor Carrier Research and Standards, FHWA.

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

Enclosure

cc: Mr. James E. Scapellato, Director Office of Motor Carrier Research and Standards Federal Highway Administration

ref:567#vsa102(3) d:4/24/96

ID: 11499ZTV

Mr. Bernard Caire
DBM Reflex Enterprises, Inc.
1620 boul. Dagenais ouest
Laval, Quebec H7L 5C7
Canada

Dear Mr. Caire:

This is in reply to your FAX of January 25, 1996, to Taylor Vinson of this Office, asking for two interpretations of paragraph S5.3.1.7 of Motor Vehicle Safety Standard No. 108 as they relate to your specific lighting array, for which you enclosed two drawings. These depict a housing containing a "turn signal" and a "daytime running light." You clarified your request in a telephone conversation with Rich VanIderstine of this agency on February 23, 1996.

Paragraph S5.3.1.7 modifies luminous intensity requirements for turn signal lamps "on a motor vehicle on which the front turn signal lamp is less than 100mm from the lighted edge of a lower beam headlamp, as measured from the optical center of the turn signal lamp." You ask, with respect to each of your drawings, whether the optical center of the turn signal is the same as the filament position. You note that there will be a higher light intensity in front of the bulb location.

Your first question appears to relate to turn signal/headlamp spacing, but we believe that your true concern is with the spacing relationship between a turn signal and a daytime running lamp (DRL). Because your DRL is a dedicated lamp serving only the DRL function, paragraph S5.3.1.7 does not apply.

The correct reference regarding the spacing between DRLs and turn signal lamps is paragraph S5.5.11(a)(4). This, in pertinent part, places the DRL "so that the distance from its lighted edge to the optical center of the nearest turn signal

lamp is not less than 100 mm . . . ." To determine the optical center of the turn signal lamp, we must refer for an answer to SAE J588 NOV84 Turn Signal Lamps For Use on Motor Vehicles Less Than 2032 MM in Overall Width. The answer depends on the design of the turn signal lamp. If the lamp primarily employs a reflector (for example, one of parabolic section) in conjunction with a lens, spacing is measured from the geometric centroid of the front turn signal functional lighted area to the lighted edge of the lower beam headlamp (paragraph 5.1.5.4.2, SAE J588 NOV84). The "geometric centroid" is the "optical center" for purposes of Standard No. 108. If the front turn signal is a direct light source type design, that is a lamp primarily employing a lens and not a reflector to meet photometric requirements, spacing is measured from the light source to the lighted edge of the DRL. The filament center of the light source is the "optical center" for purposes of Standard No. 108. If the distance is less than 100 mm, the requirements of S5.3.1.7 apply and the minimum intensity of the turn signal must be at least 2.5 times that normally required.

If you have any further questions, you may call Taylor Vinson of this office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:3/14/96