ID: 3041yy

Mrs. Elizabeth Anania
3045 Granville Drive
Raleigh, NC 27609

Dear Mrs. Anania:

This responds to your letter to Mr. Steve Kratzke of my staff, requesting that the National Highway Traffic Safety Administration (NHTSA) grant permission to a repair business to modify your motor vehicle.

You explained that your husband, Vincent Anania, has some paralysis of his right arm and hand as a result of a stroke a year ago. You explained that your husband wishes to begin driving again and was recently evaluated by Bryant Driving School in Raleigh who determined that he was qualified to drive. However, the seat in your automobile does not move far enough back to allow your husband to enter the vehicle. You asked for permission to have your vehicle modified so that the seat can move further back. I hope the following discussion explaining our regulations will be of assistance to you.

I would like to begin by clarifying that there is no procedure by which persons petition for and are granted permission from NHTSA to arrange to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our regulations to provide some allowances to a repair business which cannot conform to our regulations when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek.

Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by 108(a)(2)(A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a FMVSS. In general, 108(a)(2)(A) would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect or degrade the performance of safety equipment installed in compliance with an applicable safety standard. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violation of 108(a)(2)(A) a purely technical one justified by public need. I can assure you that NHTSA would not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your husband's condition. We caution, however, that only modifications necessary to accommodate your husband's condition should be made to the seat.

If you have further questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:VSA, 207 d:6/24/9l

ID: 3042yy

Mr. Takashi Odaira
Chief Representative
Emission & Safety
Isuzu Technical Center of America, Inc.
41050 Vincenti Court
Novi, Michigan 48375

Dear Mr. Odaira:

This responds to your letter requesting an interpretation on whether the Isuzu 2-door Coupe is subject to the rear seat requirements set forth in the final rule on Standard No. 214, Side Door Strength, published on October 30, 1990 (55 FR 45722). As noted by your letter, the rear seat requirements do not apply to passenger cars which have rear seating areas that are so small that the SID dummy cannot be accommodated according to the specified positioning procedures. The issues raised by your letter are addressed below.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment meet applicable standards. The following provides our opinion based on the facts provided in your letter.

Your letter describes the positioning of the SID as follows:

In this vehicle, when the SID dummy is seated at the rear outboard passenger position according to the specified positioning procedures, the dummy's head comes into contact with the roof and backlight glass which have steep slopes. To avoid the interference, in our test, the head was tilted forward as much as possible and, in addition, the upper torso was also tilted forward, away from the seat back. Only in this way, could we accommodate the dummy in the seating area without changing the orientation of the thorax midsagittal plane, or affecting the H-point.

You noted, however, that "(t)his condition . . . obviously does not meet the positioning procedure of paragraphs S7.l.3(a) and (b), which provides, 'The upper torso of the test dummy rests against the seat back.'" You stated that it is therefore your interpretation that the vehicle cannot accommodate the SID dummy and that the rear seat requirements are not applicable to it. You requested our views regarding your understanding.

In the preamble to the October 1990 final rule, NHTSA noted that, for some vehicles where the roof has a steep rear slope, the SID head can be tilted so as to accommodate the test dummy without changing the specified orientation of the thorax midsagittal plane or affecting the H-point (two of the specifications in the S7 positioning procedure). The agency also noted that there are some cars with rear seating areas that are so small that the SID dummy cannot be accommodated according to the specified positioning procedures, even if the head is adjusted fore-aft.

Section S3 of Standard No. 214 provides that the rear seat requirements do not apply to "passenger cars which have rear seating areas that are so small that the [SID] dummies cannot be accommodated according to the positioning procedure specified in S7." Thus, if any aspect of the positioning procedure, including the specification that the upper torso rests against the seat back, cannot be met, the vehicle is not required to meet the rear seat requirements of Standard No. 214.

With regard to whether the Isuzu 2-door Coupe is subject to Standard No. 214's rear seat requirements, NHTSA cannot make a determination that the rear seat requirements do not apply to a vehicle based solely on a description and photographs of that test procedure. If the agency should conduct a compliance test for the vehicle, it would attempt to position the SID dummies in the rear seat according to the specified seating procedure. If NHTSA were unable to position SID dummies in the rear of the vehicle according to the specified procedure, it would conclude that the rear seat requirements do not apply to that particular vehicle.

I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:214 d:6/25/9l

ID: 3043yy

Ms. Debby Funk
RR#l, Box 41A
Shirley, IL 61772

Dear Ms. Funk:

This responds to your letter of June 4, l99l, to the Department requesting information regarding regulations on the display of lighted signs in vehicles. If they are not prohibited, you are interested in regulations governing size, placement, color, luminosity, and power source "(i.e. batteries, wire connections to either brake lights or cigarette lighter)."

There are no Federal regulations or restrictions that directly prohibit the use of lighted signs in vehicles. However, there may be State and local laws that do. We are not in a position to advise you as to these laws, but you may write the American Association of Motor Vehicle Administrators for an opinion. The address is 4600 Wilson Boulevard, Arlington, Va. 22203.

If you are contemplating a commercial venture in supplying lighted signs for use in motor vehicles, there are somewhat different considerations. Under the National Traffic and Motor Vehicle Safety Act, once a vehicle has been sold and in use, a manufacturer, distributor, dealer, or motor vehicle repair business may not modify it in any way that would create a noncompliance with any Federal motor vehicle safety standard with which the vehicle originally complied. Thus, installation of a lighted sign by any of the foregoing persons could affect compliance with Standard No. 111, Rearview Mirrors and Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. If the size of the sign interferes with the field of view in the interior mirror, a mirror must be provided on the exterior of the passenger side (most new cars today come equipped with these mirrors). If the sign is wired to the stop lamps, it must not result in a diminution of power that reduces the light from the lamp below the minimum levels specified in the standard. However, if the device is intended for owner installation, the foregoing discussion does not apply, as the Vehicle Safety Act does not prohibit owners from modifying their vehicles in any manner they choose, even if the modification creates a noncompliance.

Our regulations do prohibit combining the center highmounted stop lamp with any other lamp or device such as a lighted display sign. However, there is no Federal prohibition governing manufacture and sale of these devices. If you have further questions, we shall be pleased to respond.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:6/25/9l

ID: 3058yy

Mr. Dwayne R. Szot
1404 Lay Boulevard
Kalamazoo, MI 49001

FAX 616-382-0429

Dear Mr. Szot:

This responds to your FAXed letter of June 28, l99l, with respect to your prospective importation from Poland of a 10-year old Syrena passenger car. We have also received a letter from Roy Slade, President, Cranbrook Academy of Art, relating to you.

As you have explained, you intend to remove the engine upon arrival to meet EPA approval. You intend the remainder of the vehicle to become a "time capsule" containing artifacts relating to the hopes and dreams of Poles, here and abroad, for the future, and their feelings about the past and present. You will transport the car among Polish communities here, and then seal the car in November in a Plexiglas box. For the next 25 years, the car will be displayed in its box at museums and art galleries, and, in 2016, will be returned to Poland.

As you undoubtedly know, motor vehicles and motor vehicle equipment must comply with all applicable Federal motor vehicle safety standards in order to be imported into the United States, with such exceptions as Congress has authorized in the Imported Vehicle Safety Compliance Act of l988, and as have been set forth in the implementing regulation, 49 CFR Part 591. The Syrena, of course, does not meet these standards. The Act does not specifically permit the importation of a noncomplying vehicle for purposes of static display, though it does allow admission for purposes of "research, investigations, studies, demonstrations or training, or competitive racing events." We have not interpreted any of these provisions as allowing importation for display.

The question then is whether the importation of the Syrena for the purposes described may nonetheless be justified because it presents no threat to motor vehicle safety. We note that you will satisfy the concerns of EPA by removal of the engine. This, in itself, does not result in the Syrena becoming something other than a motor vehicle, but it does mean that the Syrena cannot be driven on the public roads. Further, under the circumstances you describe, should the vehicle be towed, it is unlikely to be occupied by passengers because of the quantity of its contents. Under the circumstances you have described, the Syrena time capsule will present no threat to motor vehicle safety.

Although the importation of this vehicle may be a technical violation of the l988 Act, it would not be the type of violation that this agency, in the exercise of its prosecutorial discretion, would pursue. You may therefore present this letter to the appropriate Customs officials at the port where the Syrena will arrive for entry into the United States as a statement from the Department of Transportation that it has no objection to your importation of the Syrena time capsule.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263) who spoke with your wife last week.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:59l d:7/5/9l

ID: 3059yy

Erika Z. Jones, Esquire
Mayer, Brown & Platt
2000 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-1882

Dear Ms. Jones:

This responds to your request for an interpretation of 49 CFR Part 565, Vehicle Identification Number - Content Requirements. More specifically, you asked whether NHTSA's regulations would prohibit or otherwise affect the ability of a foreign subsidiary of an American company from obtaining a special world manufacturer identifier (WMI) code from the Society of Automotive Engineers (SAE) in the subsidiary's name for use on vehicles to be offered for sale outside of the United States. As explained below, the answer is no.

Your letter posed the following hypothetical situation. The XYZ Company manufactures motor vehicles for sale in the United States and Europe. XYZ certifies that the motor vehicles offered for sale in the United States comply with the Federal Motor Vehicle Safety Standards (FMVSS), and accepts full responsibility as a manufacturer of the U.S. vehicles under the National Traffic and Motor Vehicle Safety Act. XYZ has two wholly-owned subsidiaries: ABC Company, which performs "assembly and marketing functions" solely for vehicles sold in the United States for the U.S.-certified vehicles manufactured by XYZ, and the DEF Corporation, which performs "assembly and marketing functions" solely for vehicles sold outside the United States.

Your first question was whether "there would be any implications under NHTSA rules" if wholly-owned subsidiary DEF were to obtain a WMI from the SAE in its own name, for use solely on vehicles assembled and sold outside of the United States. The WMI, which serves to uniquely identify the vehicle manufacturer, consists of the first three digits of the vehicle identification number assigned to the vehicle in accordance with Standard No. 115 and Part 565.

To answer your question, we must consider the scope of NHTSA's authority. Under the National Traffic and Motor Vehicle Safety Act, NHTSA administers Federal regulations, including Part 565, relating to the manufacture, sale, introduction into interstate commerce, and/or importation of motor vehicles into the United States. In your hypothetical, wholly-owned subsidiary DEF is not engaged in any activities with respect to vehicles offered for sale in the United States. In that case, the Federal regulations administered by NHTSA would not apply to the activities of wholly-owned subsidiary DEF.

As you may be aware, NHTSA has entered into a contract with SAE under which SAE coordinates the assignment of WMI's pursuant to 49 CFR 565.5. NHTSA's contract with SAE is naturally limited by NHTSA's statutory authority. That is, NHTSA's contract with SAE relates to coordinating the assignment of WMI's to manufacturers that manufacture motor vehicles sold or offered for sale in the United States. SAE has no contractual obligation to NHTSA with respect to the assignment of WMI's to manufacturers whose vehicles are not offered for sale in the United States. So long as such assignments do not confuse or obscure the meaning of the WMI's assigned for vehicles offered for sale in the United States, SAE is free to exercise its judgment as to the appropriateness of any such assignments.

Your second question was whether NHTSA would object if XYZ were to ask the SAE to include in its next directory of WMI's a simple notation indicating that XYZ had authorized its subsidiary, ABC, to use one of XYZ's world manufacturer identification codes on vehicles assembled or marketed by ABC. The purpose of the WMI is to ensure that the vehicle manufacturer is uniquely identified. So long as the parent corporation agrees to be treated as the "manufacturer," for the purposes of the Safety Act, for the vehicles produced by its wholly-owned subsidiary, nothing in Part 565 prohibits the wholly-owned subsidiary from identifying the vehicles with a WMI assigned to the parent corporation.

I hope this information is helpful. If you have any further questions or need additional information on this subject, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:565 d:7/8/9l

ID: 3060yy

Messrs. Steven M. and Morris G. Healy
P.O. Box 73
Worthington, MA 01098-0073

Dear Messrs. Healy:

This responds to your letter of June 5, l99l, to Richard Van Iderstine of this agency, asking for an opinion as to the legality of your device that attaches monitoring lights to bug deflectors "and/or to other appropriate mounting areas on vehicles."

As you state it, the primary purpose of the device is to "bring indicator lights up and into the line of vision of the vehicle operator." You specifically mention the turn signal and upper beam indicators ("or other appropriate applications desired by the operator)." You mention that the existing indicator lights on the dashboard are left undisturbed.

As bug deflectors or shields are accessory equipment sold in the aftermarket, it is clear that you do not intend your device to be original equipment offered by the vehicle manufacturer. The Federal statute governing the manufacture of motor vehicles and motor vehicle equipment is the National Traffic and Motor Vehicle Safety Act. There is no regulation or standard under this Act that relates to the manufacture and sale of your device.

We must, however, add a cautionary note relating to the use of your device by its purchaser. The Act prohibits any "manufacturer, distributor, dealer, or motor vehicle repair business" from rendering "inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in accordance with an applicable Federal motor vehicle safety standard." You have assured us that the existing indicator lamps are not affected. However, one of the requirements of the lighting standard (Standard No. l08) that applies to motor vehicles is that accessory equipment not "impair the effectiveness" of the lighting equipment required by the standard. We regard the potential to create confusion as the potential to impair the effectiveness of lighting equipment. It does not appear that the turn signal indicator portion of your device, operating in tandem with the turn signals, would create confusion. Likewise, the upper beam indicator would be too small to be perceived by an oncoming car at any great distance. However, you have added qualifications to your letter ("other appropriate mounting areas on vehicles" and "other appropriate applications desired by the operator") that require us to advise you of the statutory prohibition.

The prohibition does not affect vehicle owners, and if you intend the device to be installed by them, you may disregard the foregoing. However, in any event, the use of the device is also subject to the laws of any State in which it will be used. We are unable to advise you on these laws, and suggest that you write for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08#VSA d:7/8/9l

ID: 3061yy

Mr. Samuel Albury
President
Three Wolves and Associates, Inc.
7124 Temple Hills Road
Suite 169
Camp Springs, Maryland 20748

Dear Mr. Albury:

This responds to your letter of June 3, 1991 concerning whether your company would be considered the manufacturer of certain vehicles. Your company is planning to use jeep conversion kits on Chrysler Corporation jeeps. Under one approach, your company would purchase the basic stripped down model jeep from Chrysler and add the body, stereo, air conditioning, tires, running lights, carpeting, and high visibility seats. You state that the body would be one solid piece and that your company would add wheel wells, doors, a solid or canvas top, and a windshield. Alternatively, your company would purchase the chassis, with engine and transmission, from Chrysler and add the above items.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, the National Highway Traffic Safety Administration (NHTSA) is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

I will address the responsibilities of your company under the Safety Act in each of the situations you described. First, if your company purchased a stripped down vehicle from Chrysler and made the modifications described, it could be considered an alterer under our regulations. Under 49 CFR Part 567, Certification, an alterer is defined as:

A person who alters a vehicle that has previously been certified . . . other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, . . . before the first purchase of the vehicle in good faith for purposes other than resale . . . .

As an alterer, your company would be required to certify compliance of its vehicles with the Federal Motor Vehicle Safety Standards in accordance with 49 CFR Part 567. The only exception would be if:

1. The modifications consisted solely of "readily attachable components;" or

2. The modifications were only "minor finishing operations."

Whether modifications involve "readily attachable" components depends on the difficulty in attaching those components. In the past, the agency has looked at such factors as the intricacy of installation and the need for special expertise. Without extraordinary ease of installation, NHTSA would not consider modifications involving the addition or substitution of seats to involve "readily attachable" components.

If considered an alterer, your company would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the existing manufacturer certification label, which must remain on the vehicle, by affixing an additional label. The label would state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. The label would also state the alterer and the month and the year in which the alterations were completed.

In addition to these certification requirements, an alterer is considered a "manufacturer" for the purposes of the Safety Act. Among other things, this means an alterer is responsible for notification and remedy of defects related to motor vehicle safety and noncompliances with applicable Federal motor vehicle safety standards, as specified in sections 151-160 of the Safety Act. Alterers also are subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

Second, as an alternative, your company is considering buying a chassis from Chrysler. In that case, your company would likely be considered a final-stage manufacturer. Under 49 CFR Part 568, Vehicles Manufactured in Two or More Stages, a final-stage manufacturer is defined as:

A person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle.

Under the regulation, incomplete vehicle is defined as

An assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

As a final-stage manufacturer, your company's certification responsibilities would depend on the information provided by the manufacturer of the incomplete vehicle. Under 49 CFR Part 568, the incomplete vehicle manufacturer must furnish your company with a document which states one of the following three things concerning the incomplete vehicle:

1. The vehicle when completed will conform to some or all of the applicable safety standards if no alterations are made to any identified components of the incomplete vehicle;

2. The vehicle when completed will conform to some or all of the applicable safety standards if specific conditions are followed by the final-stage manufacturer;

3. Conformity with some or all of the applicable safety standards is not substantially affected by the design of the incomplete vehicle, so the incomplete vehicle manufacturer makes no representation as to conformity with the standards.

After receiving this document from the incomplete vehicle manufacturer, your company would be required to certify compliance with the safety standards. In addition to these certification requirements, a final-stage manufacturer is considered a "manufacturer" for the purposes of the Safety Act. Among other things, this means a final-stage manufacturer is responsible for notification and remedy of defects related to motor vehicle safety and noncompliances with applicable Federal motor vehicle safety standards, as specified in sections 151-160 of the Safety Act. In addition, final-stage manufacturers are subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

I am also enclosing a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of the regulations.

I hope that this information is useful. If you have any further questions, please contact John Rigby at 202-366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:567#568 d:7/l2/9l

ID: 3062yy

Mr. Roddy Williams
Container Enterprise
3900 Paris Road
P.O. Box 1098
Chalmette, LA 70044-1098

Dear Mr. Williams:

This responds to your letter that asked whether your company is permitted to assign its own Vehicle Identification Numbers (VINs) pursuant to Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number--Basic Requirements (49 CFR 571.115) to trailers that it "remanufactures" from previously used trailers. The answer is that a company that performs the remanufacturing operations described in your letter may assign a new VIN to its remanufactured trailers. By doing so, however, the trailers would be treated as newly manufactured trailers for the purposes of this agency's safety standards and regulations. Among other things, this would mean that your company would be required to certify that the trailers comply with all applicable safety standards in effect as of the date of the remanufacturing operations, including the lighting, tire, and brake standards applicable to new trailers.

In a telephone conversation with Dorothy Nakama of my staff, you stated that your company, Container Enterprise, works on trailers that were used to carry cargo containers. You stated that approximately 90% of the trailers that Container Enterprise works on were originally built between 1974 and 1979. Container Enterprise takes used container chassis that are 23 feet long and removes the axles and half of the crossmembers on the original frame. Container Enterprise then manufactures a 12 foot subframe and reinstalls the used axles on this subframe. The subframe is then attached to the container chassis, extending its chassis length to 27 feet. The conversion allows the chassis to slide open or closed. You stated that upon completion of this process, Container Enterprise will issue "a new manufacturer plate with a new VIN number" and date of remanufacture.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) authorizes this agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 115, which applies to all new vehicles. S4.1 of Standard No. 115 specifies that vehicles manufactured in one stage shall have a VIN assigned by the vehicle manufacturer and S4.5 specifies that the assigned VIN shall appear clearly and indelibly on the vehicle.

Thus, the only person that can assign a VIN to a vehicle is the vehicle's manufacturer. The question then is whether your company's "remanufacturing" operations are substantial enough that the remanufactured trailers should be considered to be new vehicles and the manufacturer of those vehicles would be your company, instead of the original manufacturer of the trailer.

NHTSA's regulations specifically address the question of when trailers produced by combining new components (the subframe fabricated by your company) and used components (the parts of the used container chassis) are considered to be new trailers. 49 CFR 571.7(f) states that when new and used components are used in trailer manufacture, the trailer will be considered "newly manufactured" unless the following three conditions are met. First, the trailer running gear assembly, which includes the axle(s), wheels, braking and suspension, is not new, and was taken from an existing trailer. Second, the existing trailer's identity is continued in the reassembled vehicle with respect to the Vehicle Identification Number. Third, the existing trailer is owned or leased by the user of the reassembled vehicle.

You have stated that your company would assign new VINs to the trailers it remanufactures. Upon doing so, the second condition in 571.7(f), continuing use of the original VIN, would not be met. Therefore, the trailers "remanufactured" by your company would be considered to be newly manufactured. Your company, as the manufacturer, must certify that these trailers comply with all applicable Federal motor vehicle safety standards in effect at the time of the remanufacture. This means that, in addition to complying with the 1991 requirements of Standard No. 115, your company would be required to certify that the trailers comply with the 1991 versions of the lighting standard (Standard No. 108), the tire and rim standard (Standard No. 120), and the air brake standard (Standard No. 121), to name a few examples of applicable standards. To assist you in making any such certifications, I am enclosing a brochure that briefly describes each of the safety standards and an information sheet for new manufacturers of motor vehicles that explains how to get copies of our standards and regulations.

Your letter also referred to U. S. Department of the Treasury Publication 510 on Excise Taxes. We can only tell you that your remanufactured trailers with new VINs would be considered new vehicles for the purposes of the Safety Act and the Federal motor vehicle safety standards. If you have any questions about the trailers for purposes of excise taxes, you should contact the Internal Revenue Service. Their District Office for Louisiana is located at 500 Camp Street, New Orleans, LA 70130.

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

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures

ref:571#115#VSA d:7/l2/9l

ID: 3063yy

Mr. Richard E. Wright
Richard E. Wright Associates
151 Fenwick Court
Delran, NJ 08075

Dear Mr. Wright:

This responds to your letter of May 3, 1991 concerning the possible applicability of the Federal Motor Vehicle Safety Standards to tempered glass products in travel trailers and motor homes. I am pleased to have this opportunity to explain the situation to you.

Some background information may be useful. The National Highway Traffic Safety Administration (NHTSA) has authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), the Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Glazing, as an "addition to the motor vehicle," is considered to be an item of motor vehicle equipment (Section 102(4) of the Safety Act). New glazing material for use in motor vehicles is subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205). Standard No. 205 incorporates by reference "ANS Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways.

The agency has previously stated that Standard No. 205 does not apply to trailers, which our regulations define as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." Thus, the standard would not apply to travel trailers.

NHTSA covers motor homes under Standard No. 205. Standard No. 205 specifies performance requirements for glazing material for use in specified locations in motor vehicles, including motor homes. The agency has previously stated that the standard establishes requirements for glazing used in windows and interior partitions in motor vehicles. Glazing used in locations other than windows and interior partitions would not be subject to the requirements of the standard.

I hope that this information is useful to you. If you have further questions, please contact John Rigby of this office at 202-366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Ref.# 205 D. 7/1/91

ID: 3064yy

Mr. David McCormick
First Company
9571 Alden
Lenexa, KS 66215

Dear Mr. McCormick:

This responds to your letter to Stephen Wood, our Assistant Chief Counsel for Rulemaking, seeking information about any provisions of Federal law that might apply to a belt positioning device for children. Based on the information provided in your letter, it appears that this device attaches to the seat back of the rear seat and includes an adjustable cushioned head support and an adjustable "convenience center," which serves to reroute the belt to offer a better belt fit for a child occupant of the position.

For your information, I have enclosed two letters in which we have provided a general description of how Federal requirements might apply to belt positioning devices. The first is a February 11, 1988 letter to Mr. Roderick Boutin and the other is a November 22, 1988 letter to Ms. Claire Haven. These letters explain the applicable Federal requirements and the letter to Mr. Boutin sets forth some safety concerns applicable to that particular design. In addition, I have enclosed an information sheet for new manufacturers of motor vehicles and motor vehicle equipment that explains how to obtain copies of our safety standards and other regulations.

I hope this information is helpful.

Sincerely,

Paul Jackson Rice Chief Counsel

D. 7/1/91