ID: nht89-2.84

TYPE: INTERPRETATION-NHTSA

DATE: AUGUST 28, 1989

FROM: DENNIS D. FURR

TO: DIANE STEED -- ADMINISTRATOR, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 4-2-90 TO DENNIS D. FURR FROM STEPHEN P. WOOD, NHTSA; A35; STD. 222; HIGHWAY SAFETY PROGRAM GUIDELINE 17

TEXT:

The following is to serve as a petition to the National Highway Traffic Safety Administration, and in regards to Federal Motor Vehicle Safety Standard 222, S4.1, and its lack of enforcement on the school bus manufacturers by the National Highway Traffic Safety Administration for new school buses as a condition of sale.

The following is also to serve as a petition to the National Highway Traffic Safety Administration, and in regards to Highway Safety Program Standard 17, (3) Vehicle Operation, (6) d, Seating, which directs the States to use the passive restraint system/ bench seat by a seating position that is less than the 15 inch seating position required in Standard 222, S4.1 as directed by the National Motor Vehicle Safety Act.

If this is not the correct format, and or procedure, please advise me of the correct format, and or procedure.

The reason for this petition stems from the fact that school bus manufacturers are rating some, but not all school buses for 150 percent of the designed capacity of the passive restraint system/bench seat, and in doing so has nullified the safety feature s of the passive restraint system, and by their rating of the school bus has placed one third of the school buses rated capacity outside of the head, and leg impact zones of the passive restraint system.

The rating of some, but not all school buses for 150 percent of the designed capacity of the passive restraint system/bench seat by the school bus manufacturers has also encouraged the States/school districts to order school buses from the manufacturers that are not in compliance to the Federal Standards for the passive restraint system as a condition of sale when following Safety Standard 222, S4.1, and the National Motor Vehicle Safety Act, a violation of the National Motor Vehicle Safety Act for the States/school districts.

Understanding that in order for the occupant to be protected by the protective compartment of the passive restraint system, the occupant must be seated inside of the impact zones of the head, and legs, and the rated capacity of the school bus has to be a reflection of the designed capacity of the passive restraint system/bench seat.

In considering this petition two things has been kept in mind.

The first is the Standard for the passive restraint system is the minimum specifications.

The second is Section 103 (d) of the National Traffic and Motor Vehicle

Safety Act (15 U.S.C. : 1392 (f);

Safety Standard 222, S4.1; "The number of seating positions considered to be in a bench seat is expressed by the Symbol "W" and calculated as the bench width in inches divided by 15 and rounded to the nearest whole number."

National Traffic and Motor Vehicle Safety Act, Section 103 (d); "Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, no State or political subdivision of a state shall have any authority either to establish, or to continu e in effect, with respect to any motor vehicle or item of motor vehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Standard. Nothing in this secti on shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable standard."

The school buses that are rated at 150 percent of the designed capacity of the passive restraint system/bench seat is those school buses equipped with bench seats that when divided by the figure 15 in S4.1, ends in a decimal of point five or more, and is carried to the next whole number.

As an example, the 39 inch bench seat is being rated for 3 passengers, but when following S4.1, and the National Traffic Motor Vehicle Safety Act, the 39 inch bench seat is designed for only 2 passengers.

By the school bus manufacturers rating the 39 inch bench seat for 3 passengers, this gives each passenger a 13 inch seating position.

The number of seating positions in S4.1 is considered by the figure 15, and not by the figure 13.

It is quite true that the figure "15" in S4.1, FMVSS 222 is not defined as a seating width, minimum or otherwise.

It is my understanding that the specifications in FMVSS 222 is minimum specifications by direction of the National Motor Vehicle Safety Act, and following the instructions in S4.1, there should not be any doubt what the figure "15" is.

"The number of seating positions considered to be in a bench seat is expressed by the Symbol "W".

The symbol "W" is the product of division, and the answer to the two part formula.

"And calculated as the bench width in inches."

The bench width in inches is the first part of a two part formula, and is a variable.

"Divided by 15" is the instructions to divide, and the figure "15" is the second part to the two part formula, and is the only known fact.

Since the purpose of the formula is to find the number of "seating positions", it is obvious that the only known fact which is the figure "15" has to be the width of "a" seating position.

"And rounded to the nearest whole number" is additional instructions to ensure that any seating position less than 15 inches is not included in the product of the formula.

It is common practice to carry any decimal 5 tenths and over to the next whole number.

However the instructions in S4.1 says "and rounded to the nearest whole number.", and for the 39 inch bench seat, I understand that to mean 2, understanding that any decimal is not a whole number.

Also understanding that S4.1 does not say rounded to the "next" whole number, which would have included the decimal.

To be sure that a decimal part of the figure "15" can not be rounded to the "next" whole number as a condition of sale, you only have to understand the National Traffic and Motor Vehicle Safety Act, Section 103 (d);

"Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, no State or political subdivision of a sate shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor v ehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Safety Standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable standard ."

Understanding the decimal part in the product of the formula is not identical to the figure "15: in S4.1, and can not be considered as "a" seating position, but is currently being counted as a whole seating position when rating some, but not all of the p assive restraint systems as a condition of sale by the school bus manufacturers.

Again, the purpose of the formula is to find the number of "seating positions", and the figure "15" is the specification in S4.1 The number of seating positions is a variable, dependent upon the length of the individual passive restraint system/bench sea t, and is not a specification.

As a result, the number of seating positions in a bench seat as a condition of sale must reflect the number of 15 inch seating position, or the number of seating positions that is greater than the 15 inch seating position that

is in the individual bench seat, and the rated capacity of the school bus must reflect that number.

I have been told the use of the figure "15" in the FMVSS 222 formula results in a minimum seating position width of 12.67 inches (for a 38 inch wide seat.), and for a 39 inch wide seat, the single position width is 13 inches, which is slightly larger tha n the hip width of a 5th percentile adult female.

(Refer to your letter to Congressman Wolpe, dated February 23, 1989.)

In order to get the figure "15" in S4.1 to produce a minimum seating position of 13 inches in a 39 inch bench seat you would have to divide the 39 inch bench seat by 15, round the 2.6 to the next whole number to get 3. Then divide the 39 inch bench seat again by the 3 to get the 13 inch seating position.

I do not see that formula in S4.1, and do not understand the provisions in the National Motor Vehicle Safety Act to permit the NHTSA, or the school bus manufacturers to reword S4.1 to obtain the exceeded number of seating positions in a bench seat for ra ting the school bus as a condition of sale.

Understanding that the NHTSA can exceed the number of designed seating positions in the 39 inch bench seat for testing, (their use), and can provide their own formula for doing so.

However, as a condition of sale, FMVSS 222, S4.1, and the National Motor Vehicle Safety Act has to be followed.

For the NHTSA to permit the school bus manufacturers to rate the school bus by the NHTSA's formula for testing the bench seat, and as a condition of sale, is a deliberate distortion of FMVSS 222. S4.1, and the National Motor Vehicle Safety Act.

By the manufacturers of the passive restraint system borrowing the 3 to the 39 inch bench seat that the NHTSA has used for testing, the manufacturers have not followed, or complied by FMVSS 222, S4.1 as a condition of sale.

I have also been told that the 13 inch seating position in the 39 inch bench seat is consistent with HSPG 17 which provides that seating positions shall be at least large enough for a 5th percentile female.

HSPG means Highway Safety Program Guideline, and its recommendations is to the states for operating their school buses, and is not enforceable by the NHTSA because it is only a guideline, recommended, and directed to the States, and is not a Safety Stand ard that the manufacturers have to comply to.

FMVSS means Federal Motor Vehicle Safety Standard, and is requirements for the school bus manufacturers to follow, and be in compliance with, before the school bus can be sold to the public, and is enforceable by the NHTSA.

If anything is to be consistent, Highway Safety Program Guideline 17 should be consistent with Safety Standard 222, S4.1, and not vice versa.

Any seating position less than the 15 inch seating position in Federal Motor Vehicle Safety Standard 222, S4.1 is pre-empted under the provisions of the National Motor Vehicle Safety Act.

The NHTSA has in an elective guideline given directions to the States to use a seating position that is less than required in the enforceable FMVSS 222 when following the National Motor Vehicle Safety Act when the National Motor Vehicle Safety Act clearl y states;

Whenever a Federal Motor Vehicle Safety Standard under this subchapter is in effect, (no State or political subdivision of a state) shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any Safety Standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal Standard.

Understanding if a State did elect HSPG 17 either by law, or history of use by the 13 inch seating position by the school districts, the States/school districts has established a safety standard that is not identical to the applicable Federal Standard, a violation of the National Motor Vehicle Safety Act.

Also understanding that if a State requested a school bus manufacturer to deliver a school bus with a rated capacity based on the 13 inch seating position, and the school bus manufacturer complied to the State, the school bus manufacturer has not complie d to the applicable Standard as a condition of sale.

To understand that only a seating position greater than, or equal to the 15 inch seating position can be specified either as a states specification, recommended in another Safety Standard, or used for rating a new school bus you only have to follow the s ame logic in the Preamble to Amendment to Motor Vehicle Safety Standard 222, Docket No. 73-3; Notice 6.

You can also see that the seating position of the 5th percentile adult female in HSPG 17 is a contradiction to the NHTSA's own opinion for the requirements of a states specification.

Understanding that the seating position of the 5th percentile adult female does not meet, or exceed the requirements in FMVSS 222, S4.1.

The Physicians for Automotive Safety (PAS), requested that the seat back height be raised from the 20 inch level specified by Safety Standard 222 to a 24 inch level. While PAS's request was denied, the National Highway Traffic Safety Administration gave this opinion, in part;

"Standard No. 222 specifies a minimum seat back height (S5.1.2) which manufacturers many exceed as long as their product conforms to all other requirements of the standards applicable to school buses. It is the National Highway Traffic Safety Administra tion's opinion that any State standard of general applicability concerning seat back height of school

bus seating would also have to specify a minimum height identical to the Federal requirement.

Following this same logic for the minimum seating position, the National Highway Traffic Safety Administration's opinion "would have read".

Standard No. 222 specifies a minimum seating position (S4.1) which manufacturers may exceed as long as their product conforms to all other requirements of the standards applicable to school buses. It is the National Highway Traffic Safety Administration 's opinion that any State standard of general applicability concerning a seating position width of school bus seating would also have to specify a minimum seating position identical to the Federal requirement.

In consideration of the above, I respectfully request the National Highway Traffic Safety Administration to amend Highway Safety Program Standard 17, (3) Vehicle Operation, (6) d, Seating, to reflect the 15 inch seating position as required in Federal Mo tor Vehicle Safety Standard 222, S4.1, and as directed in the National Motor Vehicle Safety Act.

I also respectfully request the National Highway Traffic Safety Administration to require the school bus manufacturers to rate their school buses by the actual number of 15 inch seating positions in the individual passive restraint system/bench seat that is on the school bus as a condition of sale, and as required in Federal Motor Vehicle Safety Standard 222, S4.1, and as directed in the National Motor Vehicle Safety Act.

I also respectfully request the National Highway Traffic Safety Administration to provide me with the formula that was developed that provided the pounds of force/inch-pounds of energy in Motor Vehicle Safety Standard 222 that is indicated by the Symbol "W" being the force of 700W pounds in S5.1.3.2, the 350W pounds in S5.1.3.3, the 4,000W inch-pounds in S5.1.3.4, the 2,200 pounds of force in S5.1.4 (a), the 50 pounds of force in S5.1.4, (b), and the 2,800W inch pounds in S5.1.4.1.

Since there is a relationship between the symbol "W" and the pounds of force, and or the inch pounds of energy applied to the passive restraint system in testing, what percentile is the pounds of force/inch pounds designed to protect?

I would also like to know the source of the data for the percentiles listed in S7.1.3 in Motor Vehicle Safety Standard No. 208.

ID: nht88-1.71

TYPE: INTERPRETATION-NHTSA

DATE: 03/16/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Koito Mfg. Co. Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. M. Iwase Technical Administration Dept. Roito Mfg. Co. Ltd. Shizuoka Works 500, Ritawaki Shimuzi--shi, Shizuoka-ken JAPAN

Dear Mr. Iwase:

This is in reply to your letter of January 25, 1988, with respect to photometric values for stop lamps and taillamps on motorcycles, and the spacing required between them and turn signal lamps.

You have asked two questions with respect to two types of motorcycle rear lighting devices, which you call "Structure 1" and "Structure 2". Although a single lamp located on the vertical centerline may be used to fulfill rear lighting requirements on mot orcycles, each of your Structures features two bulbs, symmetrically placed on each side of the vertical centerline. Each Structure is a single lighting device, featuring a turn signal bulb at each extremity. In Structure 1 a chamber containing a tail/sto p lamp bulb is directly inboard of the chamber containing a turn signal bulb. The two chambers on each side are separated by a central portion of the device which is decorative in nature. Unlike Structure 1, Structure 2 is a three-chamber device, with se parate chambers at each end for the turn signal bulbs, and a central chamber incorporating two tail/stop lamp bulbs.

With respect to each Structure and Motor Vehicle Safety Standard No. 108 you have asked:

"(a) When tail & stop lamp on either side is lighted individually, it shall be satisfied with the photometric values of lighted section "1" which are specified in Figure 1b of S4.1.1.11.

(b) When tail & stop lamp on both sides are lighted together, it shall be satisfied with the photometric values of lighted section "2" which are specified in figure 1b of S4.1.1.11." Figure 1b specifies the minimum and maximum allowable candlepower values for lighting devices with one, two, and three lighted sections. However, the number of lighted sections is calculated with respect to each lamp, not the total number of lighted sect ions used for a specific purpose, or lit at a given time. We consider Structure 1 to comprise two separate tail/stop lamps, each consisting of a single chamber. Similarly, Structure 2 incorporates a single tail/stop lamp consisting of a single chamber in which two bulbs are used. Therefore, for both Structures and for both (a) and (b) the lamp should be designed so that the single chambers meet the photometric values for single compartment lamps.

Your second question for each Structure is whether the specified minimum edge to edge separation distance between turn signals and tail/stop lamps is required. The answer is yes, and the separation distance you have depicted in your drawings appears to c omply with this requirement.

Sincerely,

Erika Z. Jones Chief Counsel

Air-Mail

Ms. Erika Z. Jones Chief Counsel National Highway Traffic Safety Admin. 400 Seventh Street, S.W. Washington, D.C. 20590 U.S.A.

Subject: Tail & Stop Lamp for Motorcycle (1) photometric values (2) Spacing with Turn Signal Lamp

Dear Ms. Erika Z. Jones:

The photometric values which are required for tail & stop lamp for motorcycle are specified in S. 4.1.1.11 of FMVSS No. 108, and minimum spacing between the lamp and turn signal lamp is specified in Table IV.

We would like to ask you the following questions concerning photometric values of tail g stop lamp for motorcycle and minimum spacing between the lamp and turn signal lamp in the cases of Structure-(1) and -(2) which are shown in the attached drawing.

Question-1:

In Structure-(1) and -(2), which of the following cases shall be applied for the photometric values required for tail & stop lamp?

(a) When tail & stop lamp on either side is lighted individually, it shall be satisfied with the photometric values of lighted section "1" which are specified in Figure lb of S. 4.1.1.11.

(b) When tail & stop lamps on both sides are lighted together, it shall be satisfied with the photo-metric values of lighted section "2" which are specified in figure 1b of S. 4.1.1.11.

Attn: Ms. Erika Z. Jones Date: Jan. 25, 1988

Question-2; For each case of Structure-(1) and-(2) as illustrated in the attached sheet, shall the specification of 4 inch minimum spacing between tail & stop lamp and turn signal lamp be required or not:

Upon your review, your prompt reply to this matter would be greatly appreciated.

Very truly yours,

Mr. Iwase Manager Technical Administration Dept. Koito Mfg. Co., Ltd. Shizuoka Works

(SEE ATTACHMENT...)

ID: nht76-2.41

DATE: 10/29/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Department of California Highway Patrol

TITLE: FMVSS INTERPRETATION

TEXT: This is a reply to your letter of September 16, 1976, referencing an opinion letter to you dated October 21, 1969, and asking whether it conflicts with an opinion letter to Ford Motor Company dated "December 5, 1975". (The true date of the letter is July 7, 1975, we do not know why your copy is dated otherwise).

The 1969 letter informed you that "if one compartment or lamp [in a multicompartment lamp] meets the photometric requirements [of Standard No. 108] the additional compartments or lamps are considered as additional lamps and are, therefore not regulated by . . . Standard No. 108 except by S3.1.2.". The letter also stated that "lamps on a vehicle and not required by this standard are generally subject to regulation by the States." Our 1975 letter to Ford, on the other hand advised the company in effect that the performance of the entire multicompartment assembly was covered by Standard No. 108, and that section 25950(b), of the California Vehicle Code was preempted by it. You have asked whether our letter to Ford conflicts with our earlier letter to you.

There is no present conflict. In an amendment to Standard No. 108 effective January 1, 1973, (copy enclosed) the agency adopted paragraph S4.1.1.12 and figure 1 which established minimum photometric requirements that must be met by multicompartment tail, stop, and turn signal lamps. The act of establishing requirements for the additional compartments in a multicompartment lamp thus voided the 1969 letter to you and the interpretation to Ford is the correct one.

The Monarch taillamp, therefore, must meet the requirements of Table 1 of standard No. 108 and is not a lamp that is "in addition to the minimum required number" as that term is used in California Vehicle Code section 25950(b), which appears to have been amended in an effort to include it.

We appreciate your suggestion on an amendment to Standard No. 108 on lens color.

SINCERELY,

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

September 16, 1976

File No.: 61.A218.A3107

Frank Berndt Acting Chief Counsel National Highway Traffic Safety Administration

We recently received a copy of Mr. James C. Schultz's opinion of December 3, 1975, to Ford Motor Company regarding the color of unlighted taillamps. This interpretation appears to conflict with the enclosed interpretation of October 21, 1969, we requested from NHTSA on a similar subject.

In answer to a question we raised on multicompartment lamps, Dr. Robert Brenner informed us that, "if one compartment or lamp meets the photometric requirements, the additional compartments or lamps are considered as additional lamps and are, therefore, not regulated by Motor Vehicle Safety Standard No. 108 except by S3.1.2". He also stated that "lamps on a vehicle, and not required by this standard, are generally subject to regulation by the states". These statements appear to mean that once a manufacturer meets the minimum requirements for taillamps for FMVSS No. 108, any additional lamps he chooses to add do not fall under that standard. With respect to the unlighted color of the minimum required lamps, we agree that we are preempted. However, in the case of the Ford lamp, the taillamp section in question was an additional one to which Ford, as an afterthought, attached an amber filter. This lamp was not needed to comply with the federal standards for taillamps, and was an additional lamp not governed by the federal standards as stated in the October 21, 1969, NHTSA interpretation. We, therefore, request that you reconsider whether the interpretation in your letter to Ford Motor Company was overly broad.

The color requirements of the Vehicle Code were amended last year and Section 25950(b) referred to in Ford Motor Company's letter now reads as follows:

"All lamps and reflectors visible from the rear of a vehicle shall be red, except that stop lamps, turn signal lamps and front side-marker lamps required by Section 25100 may show amber to the rear."

"This section applies to the color of a lamp whether lighted or unlighted, and to any reflector exhibiting or reflecting perceptible light of 0.05 candlepower or more per foot-candle of incident illumination, except that taillamps, stop lamps, and turn signal lamps that are visible to the rear may be white when unlighted () and, with respect to vehicles manufactured after January 1, 1974, only such lamps that are in addition to the minimum required number and are visible to the rear may be white or amber when unlighted."

Until 1961, the Vehicle Code color requirements applied to all lamps, whether lighted or unlighted. In that year, the Legislature amended the Code to permit rear lamps to be white when unlighted in view of the General Motors and Chrysler taillamps which, for styling purposes, had white lenses to blend in with the chrome trim on the rear fenders and bumpers. At that time, the visibility problem with the white lenses was not initially apparent. It was then found that, in at least one design, the white lens reflected so much sunlight during the daytime that it washed out much of the effectiveness of the red stoplamp and turn signal. The white lenses were not objectionable on lamps that supplemented the regular red lensed rear lamps, but they were not satisfactory as a total replacement for those lamps.

Even though we recognize NHTSA's preemption in allowing a manufacturer to use any unlighted lens color he wishes for the minimum required rear lamps, we have a strong objection to that position. Observations of stoplamps in the daytime have shown that those with white lenses are less effective in attracting another person's attention than a lamp of the same output with a red lens. It might be argued that this problem of reduced signal effectiveness does not apply to taillamps, since they are only lighted at nighttime. However, during high brightness day-time fog when lights were required on vehicles, the red taillamps are so dim that the white or amber lens covers become a safety hazard due to the high brightness masking of the red light.

We have no technical objection to a rear lamp lens being any color darker than red, because this would improve the contrast of the red signal against its background. We are highly concerned about the use of lenses that are lighter than the required red because of their effect in washing out the signal in daylight. Standard No. 108 already acknowledges this difference with respect to turn signals where amber is required to have more candlepower output than red for equivalent daytime effectiveness. You might wish to make observations yourself in comparing the daylight effectiveness of the red lens on the Monarch with that of the amber lens when the taillamps are turned on. Daytime observations of the white lens on the various Cadillac year models illustrate varying degrees of effectiveness depending upon the slant of the lens and the taillamp intensity.

We would appreciate hearing from you with respect to a clarification of the two interpretations. We also ask that NHTSA consider amending Standard No. 108 to prohibit taillamps and stoplamps from having a lens cover of white, amber, or any other color that has a lighter contrast with the signal than the red lens.

WARREN M. HEATH Commander Engineering Section

ID: nht92-2.32

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: PAUL JACKSON RICE -- CHIEF COUNCEL, NHTSA; UNDER SECRETARY -- MINISTRY OF COMMERCE AND INDUSTRY, KUWAIT

ATTACHMT: ATTACHED TO LETTER FROM UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY TO PAUL J. RICE

TEXT: Due to some information received by the ministry that there are some companies who were dumping some defected and regected tyres in the area and for the safety of vehicles passengers the Ministry of Commerce & Industry had issued the Ministrial Degree no 3/1982 requiring that all imported vehicles tyres must be brand new and complying with international standards and that every shipment of such tyres must be accompanied by quality certificate issued by independent officially recognize body as an authority which has an ability of testing and prooving the quality of these tyres in accordance with these standards.

Accordingly we have received the certificates of quality from many authorized agencies from different countries and most of these certificates are valid for aperiod of time (One year - two years)

For U.S.A. we have not been able to obtain such certificate and the only certificate we are receiving now from a company named Societe Generale de Surveillance (SGS) which issued certificate for each shipment separetally and which does only visual test and not actual labrotary testing.

In order to obtain information concerning regulations and standards for motor relicles we have contacted the USA embassy in kuwait who has supplied us with standards NO, 569, 571.109, 571.110, 571.117, 571.119, 571.120, 571.129, 574.1 - 6, 575.1 - 7, 575.101 - 104, which have been issued by your administration.

This responds to your letter concerning United States tire regulations. You stated that some companies have been reported to be dumping defective and rejected tires in your country. In response to that situation, the Ministry of Commerce and Industry issued a decree requiring that all imported tires must be new, must comply with international standards, and must be accompanied by a quality certificate issued by an independent, officially recognized authority which has the capability of testing and proving the quality of the tires in accordance with the standards. You stated that you have been unable to obtain such a certificate from the United States, but have received one from a company called Societe Generale de Surveillance, which issues a certificate for each shipment separately and does only visual tests and not laboratory testing. You stated that you have studied this agency's tire standards and posed a series of questions to us which I will endeavor to answer below.

By way of background information, under the National Traffic and Motor Vehicle Safety Act of 1966, ("Safety Act," 15 U.S.C. 1381 et seq.), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Tires are considered motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles and motor vehicle equipment must certify that their products meet all applicable safety standards.

All new tires sold in the United States for use on passenger cars must be certified as complying with Standard No. 109 (49 CFR Part 571.109), and all new tires sold for use on other motor vehicles must be certified as complying with Standard No. 119 (49 CFR Part 571.119). These standards specify performance requirements (strength, endurance, high speed performance, and for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements.

The process of certifying compliance with the applicable safety standards under the Safety Act is considerably different in the United States than in other countries. For example, the European nations require manufacturers to deliver tires to a governmental entity for testing. After the governmental entity tests the tires, the government approves those tires for use and assigns an approval code to the tires. The Safety Act, on the other hand, establishes a "self-certification" process for tires sold in the United States. Under this process, the tire manufacturer, not a governmental entity, certifies that its tires comply with applicable safety standards.

The Safety Act does not require that a manufacturer base its certification on a specified number of tests. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of the individual tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with Federal tire safety standards. Once a manufacturer has determined that its tires meet all requirements of the safety standards, it certifies such compliance by molding the letters "DOT" onto at least one sidewall of each certified tire.

This agency does not perform any pre-sale testing or approval of tires. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For these enforcement checks, NHTSA purchases tires "off the shelf" from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If the tires fail the tests and are determined not to comply with the standards, the tire manufacturer is required to recall the tires and remedy the noncompliance without charge.

With the above background in mind, I now turn to your specific questions:

1. Must all tires manufactured and sold in the United States bear the "DOT" mark? Answer: Yes, assuming that the tires are intended for use on motor vehicles. The "DOT" symbol molded onto at least one side of the tire is the manufacturer's certification that that tire complies with all applicable safety standards.

2. What are the bases for granting the right to use the "DOT" mark by tire manufacturers? Answer: The use of the "DOT" symbol on tires is a requirement imposed on tire manufacturers and not a right which is granted.

3. Is the "DOT" symbol required for tires intended both for domestic consumption and for export? Answer: NHTSA's safety standards do not apply to motor vehicles or motor vehicle equipment which are intended solely for export. Therefore, the "DOT" symbol is required only for tires intended for use in the United States.

4. Is there a validity time for the use of the "DOT" symbol? Answer: No. The symbol constitutes the manufacturer's certification that, at the time a new tire is manufactured, that tire complies with all applicable Federal safety standards.

5. What is the relationship between your administration and the Department of Transportation concerning the implementation of the "DOT" symbol? Answer: NHTSA is a subordinate agency of the United States Department of Transportation.

6. What are the legal responsibilities of manufacturers by using the "DOT" symbol? Answer: As indicated above, by placing the "DOT" symbol on a tire the manufacturer certifies that, under the provisions of the Safety Act, the tire complies with all applicable Federal safety standards.

7. What are the responsibilities of manufacturers in case of violations of the "DOT" symbol's role? Answer: If a tire is determined not to comply with a safety standard, the manufacturer is required to remedy the noncompliance without charge. In addition, violations of Safety Act provisions may result in civil fines.

I hope that the information in this letter is helpful to you. Should you have any further questions, however, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992, FAX (202) 366-3820.

ID: nht88-2.13

TYPE: INTERPRETATION-NHTSA

DATE: 05/02/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Durham & Associates, P.C.

TITLE: FMVSS INTERPRETATION

TEXT:

Robert R. Keatinge, Esq. Durham & Associates, P.C. Suite 1750 950 17th Street Denver, CO 80202

Dear Mr. Keatinge:

This is a response to your letter of December 1, 1987, making this agency to clarify your understanding of 49 CFR S571.7(e). That section reads in part as follows:

Combining new and used components. When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured ...unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

You referred to my August 11, 1987 letter to Mr. Ernest Parmer, and expressed concern that my having discussed only one aspect of S571.7(e) in that letter has led to some confusion. My letter to Mr. Parmer states that 'a modified school bus or truck is n ot considered a 'new' vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle.' You stated that while my statement is 'correct,' my response did not address the first clause of this provision: 'When a new cab is used In the assembly of a truck...' you asserted that, a bus should not be considered 'new' unless a new body is attached to the chassis.' Your assertion is correct with respect to S5 71.7(e), but there is another regulation that specifies a vehicle is 'new' if an old body is combined with a new chassis.

By its own terms, S571.7(e) applies only in situations where a new body is combined with either (1) mixed new and used chassis components, or (2) used components from different vehicles. You were correct, then, in asserting that 5571.7(e) applied only to situations involving a new body. For the purposes of the Parmer letter, it Has understood between Mr. Parmer and a member of my staff that the bus bodies in question were new, so that letter did not purport to address the question of combining an old bu s body with new and or/used chassis Components.

Many of our prior interpretations have stated that a person who adds a new or used body to a new chassis to produce a school bus is considered the manufacturer of a new school bus, and must certify that the new bus conforms with all applicable safety sta ndards, just as every other school bus manufacturer must. In this case, the new chassis is an incomplete vehicle. 'Incomplete vehicle' is defined in 19 CFR 5568.3 as:

an assemblies consisting, as a minimum, of a 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 o perations, 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.

When a new bus chassis is used to produce a vehicle, the person who adds a body - even an old body - is a final-stage manufacturer, within the meaning of 49 CFR 5568.3. Final-Stage manufacturers are required to certify that the completed vehicle conforms with all applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture. The date of manufacture for these buses cannot be earlier than the date on which the chassis manufacturer completed its work on the chassis and cannot be la ter than the date the final-stage manufacturer completed its manufacturing operations. See 49 CFR S567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.

Note that neither S571.7(e) nor Part 568 would require a person to certify that a school bus complies with all applicable safety standards, if that person merely rebuilds or replaces an engine, drive axle, or transmission in a bus, or if that person plac es a used bus body on a used chassis.

I hope you find this information helpful.

Sincerely,

Erika Z. Jones Chief Counsel December 4, 1987

Erika Z. Jones, Esq. Chief Counsel National Highway Traffic Safety Administration United States Department of Transportation 700 Seventh Street Washington, D.C. 20890

Re: Your letter of August 11, 1987 to Ernest Farmer

Dear Ms. Jones:

This letter is to confirm my understanding of 49 CFR S571.7(e) as interpreted by the National Highway Traffic Safety Administration ('NHTSA'). In your letter of August 11, 1987 to Mr. Ernest Farmer, the Director of Pupil Transportation for the Tennessee Department of Education, you twice (at the top of page 2 and in the first paragraph of section 3 on page 3) make reference to the portion of 5571.7(e) which says that a bus will not be considered 'new' if the engine, transmission and drive train are not new and at least two of these components are from the same vehicle.

While this statement is a correct statement of part of the test under 5571.7(e) it does not address the part of the regulation which states that a truck (or, here, a bus) will be considered new only if the cab (or, here, a body? is replaced. The descrip tion of the regulation contained in your letter may have been in response to an Inquiry which assumed the replacement of the bus body (as did FR Docket No. 85-22646).

On Friday, December 4, 1987 I discussed this point with Joan Tilghman of your office. She confirmed what appears to be the clear reading of S571.7(e) to the effect that the replacement of the engine, transmission and/or rear axle only becomes an issue 'W hen a new cab (here, body) is used in the assembly of a truck (here, bus)...". In other words, a bus should not be considered 'new' unless a new body is attached to the chassis.

Unfortunately, there has been some confusion as a result of the letter indicates that the NHTSA is changing the regulation to provide in effect that whenever a new or rebuilt engine, transmission or rear axle is put in a bus the bus must be brought into conformity with current standards regardless of whether the body has been replaced. As discussed above, and as confirmed by Ms. Tilghman, I don't think that was your intention.

If the foregoing accurately describes the NHTSA's position, I would appreciate your confirming this to me so that we can correct the misunderstanding. Until this ambiguity is resolved, my client is in a difficult position inasmuch as the governmental age ncies are unsure how to proceed. Your prompt response would therefore be greatly appreciated.

If there are any questions in this regard or If I am incorrect in my understanding, I would appreciate your contacting me as soon as possible. Thank you for your consideration in this regard.

Sincerely,

Robert R. Keatinge

ID: 1984-1.17

TYPE: INTERPRETATION-NHTSA

DATE: 02/29/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: United States Testing Company Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Frank Pepe Assistant Vice President Engineering Services Division United States Testing Company, Inc. 1415 Park Avenue Hoboken, New Jersey 07030

Dear Mr. Pepe:

This responds to your letter concerning Safety Standard No. 209, Seat Belt Assemblies. You asked several questions about the requirements applicable to Type 2 Vehicle Sensitive Emergency Locking Retractor utilizing a tension reducer device. The particular device you are concerned about is, according to your letter, activated by the vehicle door. With the door open the mechanism operates in a high tension mode; with the door closed the mechanism is in a low tension mode.

By way of background information, this agency does not grant approvals of vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act it is the responsibility of the manufacturer to certify that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.

Safety Standard No. 209 specifies requirements concerning minimum and maximum retraction force. Requirements are specified for both initial retraction force and retraction force after a test sequence which includes lengthy retractor cycling. See sections S4.3(j), (k) and S5.2(k).

As you know, retractors have traditionally had only one rather than two tension modes. Standard No. 209 does not prohibit a design with two tension modes. However, as written, the standard's requirements do not distinguish between tension modes.

We agree with your suggestion that both tension modes should be tested for retraction force effort as specified in the standard. However, we do not agree with your suggestion that the high tension mode should only be tested for minimum retraction force and the low tension mode for maximum retraction force. Instead, because Standard No. 209 does not distinguish between tension modes, we interpret the standard to require that all of its requirements must be met in both tension modes. For example, under section S4.3(j)(6), both tension modes must exert a retractive force within the 0.2 to 1.5 pound range. For testing purposes, of course, a single retractor could only be fully tested for one of the two modes, since testing for both modes would involve twice the amount of cycling required by the standard.

Your letter states that since the high tension mode is used only for stowing the webbing and is not in operation during normal use, you believe that only cycling tests without lock-ups should be performed in testing. While we appreciate this argument, the standard, as written, does not permit that exception. Section S5.2(k) states in relevant part:

attached to upper torso restraint shall be subjected to 45,000 additional cycles of webbing withdrawal and retraction between 50 and 100 percent extension. The locking mechanism of an emergency locking retractor shall be actuated at least 10,000 times within 50 to 100 percent extension of webbing during the 50,000 cycles....

Since the standard does not distinguish between tension modes, lock-ups should be performed in testing for both the low and high tension modes.

As already noted, the retractor in question represents a new design which was not specifically considered in drafting Standard No. 209. If the standard as written creates problems, the manufacturer may wish to consider submitting a petition for rulemaking to amend the standard to establish special test procedures.

Your letter suggests that there may be a conflict between section S7.4.2 of Standard No. 208, Occupant Crash Protection, and Standard No. 209's 0.2 pound retraction force requirement (section S4.3(j)). However, section S7.4.2 of Standard No. 208 only applies to automatic belt systems, while section S5.3(j) of Standard No. 209 only applies to active belt systems. Therefore, there can be no conflict.

Sincerely,

Frank Berndt Chief Counsel

May 12, 1983

Mr. William Smith National Highway Traffic Safety Administration 400 - 7th St., S.W. Room 5320 Washington, D.C. 20590

Dear Mr. Smith:

Some questions have been raised pertaining to the requirements relating to retraction force and lock-up distance on Type 2 Vehicle Sensitive Emergency Locking Retractors utilizing a tension reducer device (comfort type mechanism). This particular device is activated by the vehicle door; with the door open the mechanism operates in a high tension mode; with the door closed the mechanism is in a low tension mode.

The purpose of measuring retraction force is to insure that two (2) separate requirements are met.

1. Retraction force is high enough to sufficiently retract the webbing to its normal stowed position (Minimum Requirement).

2. Retraction force is not so high as to cause discomfort to the user (Maximum Requirement).

Since the referenced tension reducer is activated solely by door position, and the user has no manual control of the tension reducer operation, a question is raised pertaining to retraction force requirements.

We feel that both tension modes should be tested for retraction force effort as specified in FMVSS 209. That is; High Tension Mode -minimum retraction force requirements and Low Tension Mode - maximum retraction force requirement.

However, this raises another question on FMVSS 209 minimum requirements for retractor force for Type 2 Assemblies (0.2 lbs.). In FMVSS #208 proposed requirements for Comfort and Convenience, slack is allowed to be introduced in the webbing (S7.4.2.) provided that it is cancelled when the adjacent door is opened. This appears to be in contradiction of the 0.2 lbs. retraction force requirement of FMVSS 209 when utilizing a tension reducer type of retractor. Therefore, it seems, that since the tension reducer type of retractor is designed strictly for comfort, and not to induce slack, only 50% loss in retraction effort requirement after cycling should be pertinent.

The purpose of retractor cycling is to determine if the retractor will perform satisfactorily during repeated use and that spring tension does not change significantly as well as its ability to lock-up.

Since the high tension mode is used only for stowing the webbing and is not in operation during normal use, we feel that only cycling tests without lock-ups need be performed in accordance with FMVSS #209.

The low tension mode is the portion of the retractor that will perform during impact conditions and therefore should require standard cycling with lock-ups.

Therefore, we feel an interpretation of the adequacy of the minimum retraction force requirement pertaining to Comfort and Convenience type mechanisms is necessary. Also do both tension modes have to satisfy the Retractor Performance requirement of FMVSS #209.

We would appreciate your review of the above comments and your interpretation of same.

Very truly yours,

UNITED STATES TESTING COMPANY, INC.

Frank Pepe Assistant Vice President FP/na

ID: aiam5255

"Dear Mr. Biba: This responds to your letter asking about safet regulations for a device you would like to sell. The device is an 'infant observation mirror' that would allow parents to see their baby's face when the infant restraint is installed in the rear seat of a vehicle. The mirror is on a stand that sits under the infant restraint. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue 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. 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. The agency periodically tests vehicles and items of equipment for compliance with the standards. In response to your question, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, Child Restraint Systems, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an observation mirror. I note, however, that there are other Federal laws that indirectly affect your manufacture and sale of the device. Under the Safety Act, 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 in 151-159 of the Safety Act 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 mirror 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, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ....' It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of child restraint owners. However, if your product were to be installed by persons in those categories, they should ensure that its installation does not compromise the safety protection provided by a child restraint system. The prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. The 'render inoperative' prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. However, NHTSA urges owners not to undertake modifications that would reduce the efficacy of any safety device or element of design. We note that an observation mirror could be struck by an infant in a crash, such as during the 'rebound' phase of a frontal impact. In the interest of safety, we suggest you manufacture your mirror so that the risk of head injuries in a crash is minimized. I hope this information is helpful. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam2022

Dear Mr. Replansky: This responds to your recent request for a discussion of wha constitutes the manufacture of a new trailer when used components from an existing trailer are utilized. As you are aware, a newly-manufactured air-braked trailer must, in all but a few cases, be equipped with an air brake system that conforms to Standard No. 121, *Air Brake Systems*.; The use of new components in combination with used components t assemble a complete vehicle is a common practice in both truck and trailer operations. The National Highway Traffic Safety Administration (NHTSA) has recognized this commercial practice by establishing that the use of a new body on a used 'chassis' that has already been certified does not constitute the manufacture of a new vehicle. In contrast, placing a used body on a new chassis that has never been certified as a vehicle has been determined to create a newly-manufactured vehicle that must be certified. This distinction did not present difficulty to trailer manufacturers in the past, when they were only required to meet the lighting requirements of Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*.; Since implementation of Standard No. 121, however, manufacturers hav had to determine whether the particular assembly they undertake contains a used 'chassis' which would not be required to meet the air brake standard. As a general matter, the NHTSA has stated that, as a minimum, the running gear (the axles, wheels, suspension, and related components sometimes known as a bogie) and main frame of the existing vehicle must be used to qualify as a used 'chassis'. However, the many different types of trailer construction make it difficult to determine what constitutes the main frame of some configurations. The NHTSA has concluded that the load-bearing structural member(s) which run the length of the vehicle and support the trailer will be considered to be the 'main frame'.; In the case of monocoque van construction, the trailer side walls whic constitute the main load-bearing members through the length of the vehicle must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of container chassis, the box frame that consitutes (sic the main load- bearing member through the length of the vehicle must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of a platform trailer, the main frame members which run th length of the trailer must be reused in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of a tank trailer in which the tank serves the purpose o and replaces frame rails, the tank must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle. If a separate frame serves as the load-bearing member through the length of the vehicle, the tank could be replaced without the operation constituting the manufacture of a new vehicle. An inner tank may be replaced without certification as a new vehicle if the inner tank does not serve as a main load-bearing member.; Modifications of existing trailers to increase or decrease volumetri capacity or vehicle length are generally permitted without recertification. For example, the barrel of a tank trailer may be lengthened in response to the new weight limits without recertification of the vehicle.; In closing, it should be noted that Bureau of Motor Carrier regulation may differ on modification or rebuilding of vehicles in interstate commerce.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam4945

Your ref: ST-9015/91 Dear Mr. Suzuki: This responds to your letter o October 16, l991, to the Director, Office of Public and Consumer Affairs, with reference to the 'Safety Shot' lighting device that you have developed. You have enclosed photographs illustrating three types of this device in operation. In brief, the device consists of a center red highmounted stop lamp, immediately flanked by amber lamps that serve as supplementary turn signal/hazard warning signal lamps. Although the photos are not entirely clear, the device appears to consist of segmented compartments in a common housing, with thicker dividers separating the signal and stop functions. Type I incorporates an L.E.D. and is mounted at the top of the rear window. Type II also incorporates an L.E.D. and is mounted at the bottom of the window. Type III is located at the top of the rear window and uses conventional bulbs for its light source. You have been referred to us by Chrysler Corporation. We assume that you approached Chrysler with a view towards having your device accepted as original motor vehicle equipment. You have asked for our views on whether it is possible to use this device in the U.S. market. In the United States, the applicable Federal motor vehicle safety standard for rear lighting is Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Section S5.4 of Standard No. 108 does not allow a center high-mounted stop lamp to be physically combined with any other lamp or reflective device. Because Safety Shot appears to have a common housing for signalling and stopping functions, the lamps are 'combined' within the meaning of the prohibition. This means that the Safety Shot may not be used as original equipment on motor vehicles, and it may not be offered as a replacement for original equipment center highmounted stop lamps (required on each passenger car manufactured on or after September 1, l985). If you wish to sell the Safety Shot as an accessory in the aftermarket, for passenger cars manufactured before September 1, l985, different considerations apply. Installation of the Safety Shot by a manufacturer, distributor, dealer, or motor vehicle repair business is not permitted if it renders inoperative, in whole or in part, the function of any other rear lighting device. The question, therefore, is whether the effectiveness of the function of any other rear lighting device is compromised by the Safety Shot to the extent that the other device's function is rendered, at the minimum, partially inoperative. We note that original equipment amber signal lamps are not prohibited from flashing when the stop lamps are operating. It would not appear that the addition of the Safety Shot to a passenger car manufactured before September 1, l985, would compromise the signals from the original turn signal and stop lamps in a manner to render them, at least, partially inoperative. However, the Safety Shot is subject to regulation by the individual States of the United States in which it is sold or used. We are unable to advise you on State laws, and suggest that you write for an opinion to American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. Motor vehicles are also required to be manufactured to conform to Standard No. 111, Rearview Mirrors. Under this standard, if installation of the Safety Shot prevents the vehicle from meeting the rearview mirror field of view requirements specified, the manufacturer, distributor, dealer, or motor vehicle repair business installing the Safety Shot must install a rear view mirror on the passenger side of the vehicle (as a practical matter, most vehicles in the U.S. are manufactured with this additional mirror). Sincerely, Paul Jackson Rice Chief Counsel;

ID: aiam2371

Dear Mr. Rosenberry: This is in reply to your letter of July 14, 1976, to George Shifflet of the Office of Standards Enforcement, on behalf of a client who intends to install a different type of seat, carpeting, and headliner in a pick-up truck, which would then be sold to the general public. You asked whether a fabric supplier must test each fabric lot for flammability before certification to Motor Vehicle Safety Standard No. 302 can be given, and whether your client 'may rely on the warranty of a fabric manufacturer that the fabric sold meets the requirements ' of Standard No. 302.; You are correct in your understanding that the provisions of th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq*) apply to your client. His basic responsibility is to ensure that the vehicles he modifies are in compliance with the Federal standards when delivered to dealers for sale to the public. (15 U.S.C. 1397(a)(1)(A)) A temporary noncompliance during modifications is permissible if the vehicle is not used on the public roads while noncompliant (15 U.S.C. 1397(a)(2)(A)). Standards which would appear to be affected by your client's modifications include: Standard No. 207 *Seating Systems*, No. 208 *Occupant Crash Protection*, No. 210 *Seat Belt Assembly Anchorages* and No. 302 *Flammability of Interior Materials*.; As a person who alters a certified vehicle other than by the additio of readily detachable (sic) components, your client is also required to attach his own certification of compliance to each modified truck (49 CFR 567.7). Should a noncompliance be discovered as a result of an alterer's modification, the alterer would be liable for a civil penalty unless he could establish that he did not have actual knowledge of the noncompliance, and that he did not have reason to know in the exercise of due care that the vehicle did not comply (15 U.S.C. 1397(b)(2)).; With respect to Standard No. 302, there is no requirement that a fabri supplier 'test each fabric lot for flammability before certification.' In point of fact, 49 CFR 571.302 Motor Vehicle Safety Standard No. 302 does not apply to suppliers but only to vehicle manufacturers (or alterers) and it is they who are required to certify compliance with Standard No. 302. Generally, at a minimum, a vehicle manufacturer will require by contract with the supplier that the fabric meets Standard No. 302. In the exercise of 'due care' the manufacturer may wish to examine the basis for the supplier's assurance of compliance, and to require periodic testing of the fabric being supplied him. Since there is no requirement that each fabric lot be tested, such testing as is conducted should be sufficient to demonstrate in the event of a noncompliance that the vehicle manufacturer has exercised due care. As to whether your client may rely on the 'warranty' of his supplier, it has been our experience that simple reliance is insufficient to establish a 'due care' defense. That manufacturer should examine the supplier's test results to insure that the margin of compliance of the test fabric is great enough that production variables do not result in noncompliance. Some manufacturers even conduct their own test independent of the supplier.; Your client would also be responsible for conducting a notification an remedy campaign (15 U.S.C. 1411 *et seq*) if a noncompliance or safety-related defect occurs in the truck as a result of the alterations.; I enclose copies of the Act, 49 CFR Part 567, and Standards Nos. 207 208, 210, and 302 for your information.; Yours truly, Frank Berndt, Acting Chief Counsel