ID: 2631y

Mr. Samuel Kimmelman
Engineering Product Manager
Ideal Division
EPICOR Industries, Inc.
3200 Parker Drive
St. Augustine, FL 32084-0891

Dear Mr. Kimmelman:

This is in reply to your letter of August 2, l990, with respect to Motor Vehicle Safety Standard No. l08.

It is your understanding that, when a vehicle is delivered to its purchaser with dealer-installed trailer hitch and associated wiring, it must conform to all applicable Federal motor vehicle safety standards. You interpret the standards as requiring three specific aspects of performance, and you ask whether we agree with those interpretations. These aspects are:

"l. The turn signal flasher must be certified as meeting the FMVSS-108 requirements of a variable load turn signal flasher, over a minimum load equal to that of the vehicle turn signal load and a maximum load equal to that of the vehicle plus the trailer."

This is essentially correct. However, it is not the flasher that is certified but the vehicle in which the flasher is installed; Standard No. l08 does not require certification of original equipment lighting items, only replacement equipment items. Standard No. l08's requirements for turn signal flashers are those of SAE Standard J590b, Automotive Turn Signal Flasher, October l965, which are incorporated by reference. Under the Standard's Scope, the flashers "are intended to operate at the design load for the turn signal system as stated by the manufacturer." If a vehicle is designed for towing purposes, and its manufacturer offers an optional trailer hitch and associated wiring, then that manufacturer must equip the vehicle with a flasher capable of meeting a minimum load equal to that of the vehicle turn signal load, and a maximum load equal to that of the vehicle plus the trailer. That will be a variable load turn signal flasher. The manufacturer of the vehicle is the person responsible for ensuring that the flasher meets the vehicle's design load requirements, and that the vehicle is certified as conforming to Standard No. l08.

"2. The hazard warning signal flasher must be certified as meeting the requirements of FMVSS-l08 over a load range of 2 lamps to the combined hazard warning loads of the vehicle plus the trailer."

This is also essentially correct, and our comments are similar. Standard No. 108's requirements for hazard warning signal flashers are those of SAE Recommended Practice J945 Vehicular Hazard Warning Signal Flasher, February l966, which are incorporated by reference. The Practice's Scope specifies that the flashers "are required to operate from two signal lamps to the maximum design load . . . as stated by the manufacturer." Thus, in order for the vehicle manufacturer to certify compliance with Standard No. l08, it must equip the vehic1e with a flasher that operates over a load range of two lamps to the total hazard warning system load of the vehicle plus the trailer.

"3. The requirement to provide turn signal outage is voided due to the trailer towing capability of the vehicle."

This is correct. Under section S5.5.6 of Standard No. l08, any vehicle equipped to tow trailers and which uses a variable-load turn signal flasher is exempted from the failure indication requirements of the SAE standards on turn signals.

I hope that this answers your questions.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:8/3l/90

ID: 2702y

Mr. William D. Rogers
President
SportsCar America, Inc.
400 South Elliott Road
Chapel Hill, N.C. 27514

Dear Mr. Rogers:

We have received the (unsigned) petition of SportsCar America, Inc., for a temporary exemption from Motor Vehicle Safety Standard No. 208, on grounds of substantial economic hardship, and are returning all copies to you for the reasons stated below.

SportsCar America wishes to undertake the importation and sale of passenger cars produced in Brazil. Pursuant to an "Exclusive Distribution Agreement" ("the Agreement") with Alfa Metais Veiculos Ltda. of Brazil, which you enclosed, it has imported a prototype vehicle for study, with reference to its status of conformance with the U.S. vehicle safety and emission standards.

The proper petitioner for this exemption is Alfa Metais Veiculos Ltda., identified in the Agreement that you attached as the "Manufacturer." Under Section l of the Agreement, SportsCar America is to return the prototype to the Manufacturer with "those modifications necessary in order to meet the emission and safety standards necessary for the importation" of the cars, and the Manufacturer will then use it as a model for the production of vehicles for sale in the United States. Under 49 CFR Part 567, the Manufacturer must also attach its certification of compliance to the completed vehicle before its shipment to the United States. Part 555 restricts petitions for temporary exemptions to Manufacturers of motor vehicles.

Although you identify SportsCar America as the "distribution agent", we have no record that the Manufacturer has filed the designation of agent pursuant to 49 CFR 551.45 that is required of Manufacturers offering their products for importation and sale in the United States. Presumably Alfa Metais would wish to appoint SportsCar America as its agent. Once it has done so, SportsCar America may submit the petition on behalf of the Manufacturer. The production and financial data (in dollars, please) must be those of the Manufacturer. However, we regard as relevant to conformance arguments the efforts that SportsCar America intends to make during the time a possible exemption is in effect, as outlined in your petition.

Noting your requests for confidential treatment of information, we are returning all copies of your petition, with our comments. Generally, the agency does not like to accord confidential treatment to all financial data submitted. At a minimum, it would like to include in its notice asking comments from the public a dollar amount of the cumulative net profit or loss experienced by the Manufacturer in the three years preceding the filing of the petition. Similarly, it would like to publish a dollar figure in discussing the effects of a denial of the petition on the petitioner. The purpose of this is our policy that if the public is to make an informed comment on the issue of whether compliance would cause a Manufacturer substantial economic hardship, the public should have access to much the same data as is available to the agency in its determination.

If you would like clarification of any of these matters, Taylor Vinson of this Office (202-366-5263) will be happy to provide them.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures ref:555 d:l0/9/90

ID: 2708y

Mr. William D. Rogers
President
SportsCar America, Inc.
400 South Elliott Road
Chapel Hill, N.C. 27514

Dear Mr. Rogers:

We have received the (unsigned) petition of SportsCar America, Inc., for a temporary exemption from Motor Vehicle Safety Standard No. 208, on grounds of substantial economic hardship, and are returning all copies to you for the reasons stated below.

SportsCar America wishes to undertake the importation and sale of passenger cars produced in Brazil. Pursuant to an "Exclusive Distribution Agreement" ("the Agreement") with Alfa Metais Veiculos Ltda. of Brazil, which you enclosed, it has imported a prototype vehicle for study, with reference to its status of conformance with the U.S. vehicle safety and emission standards.

The proper petitioner for this exemption is Alfa Metais Veiculos Ltda., identified in the Agreement that you attached as the "Manufacturer." Under Section l of the Agreement, SportsCar America is to return the prototype to the Manufacturer with "those modifications necessary in order to meet the emission and safety standards necessary for the importation" of the cars, and the Manufacturer will then use it as a model for the production of vehicles for sale in the United States. Under 49 CFR Part 567, the Manufacturer must also attach its certification of compliance to the completed vehicle before its shipment to the United States. Part 555 restricts petitions for temporary exemptions to Manufacturers of motor vehicles.

Although you identify SportsCar America as the "distribution agent", we have no record that the Manufacturer has filed the designation of agent pursuant to 49 CFR 551.45 that is required of Manufacturers offering their products for importation and sale in the United States. Presumably Alfa Metais would wish to appoint SportsCar America as its agent. Once it has done so, SportsCar America may submit the petition on behalf of the Manufacturer. The production and financial data (in dollars, please) must be those of the Manufacturer. However, we regard as relevant to conformance arguments the efforts that SportsCar America intends to make during the time a possible exemption is in effect, as outlined in your petition.

Noting your requests for confidential treatment of information, we are returning all copies of your petition, with our comments. Generally, the agency does not like to accord confidential treatment to all financial data submitted. At a minimum, it would like to include in its notice asking comments from the public a dollar amount of the cumulative net profit or loss experienced by the Manufacturer in the three years preceding the filing of the petition. Similarly, it would like to publish a dollar figure in discussing the effects of a denial of the petition on the petitioner. The purpose of this is our policy that if the public is to make an informed comment on the issue of whether compliance would cause a Manufacturer substantial economic hardship, the public should have access to much the same data as is available to the agency in its determination.

If you would like clarification of any of these matters, Taylor Vinson of this Office (202-366-5263) will be happy to provide them.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures ref:555 d:l0/9/90

ID: nht76-2.16

DATE: 07/30/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Thomas Built Buses, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Thomas Built Buses' June 4, 1976, question whether the requirements in S5.1.3 and S5.1.4 of Standard No. 222, School Bus Seating and Crash Protection, to "Apply additional force . . . through the . . . loading bar until (a specified number) of inch-pounds of energy has been absorbed in deflecting the seat back . . ." can be satisfied in part by the energy that is returned to the load bar as it is withdrawn from the seat back. You also ask if there are minimum or maximum time limits on withdrawal of the loading bar from the seat surface.

The requirement for the absorption of a minimum amount of energy in (Illegible Word) the seat back in the forward and rearward directions is calculated to provide adequate measurement of the energy involved in the impact between the bus occupants and the seating in a percentage of school bus crashes. The agency calculated the amount of energy to be consumed by the seat back that would result in adequate protection. The specification requires the seat to "absorb" (i.e., receive without recoil) a specific amount of energy. This value is represented by the amount of energy that is not returned to the loading bar as it is withdrawn. Described graphically, the area that represents returned energy under the seat back force/deflection curve must be subtracted from the entire area that lies under the curve in order to calculate the energy "absorbed" by the seat back.

With regard to your second question, no time limits have been established for withdrawal of the loading bar. The agency intends to utilize a withdrawal time that is not more than five minutes so that creep will not be a significant factor in determining energy absorption. Because the time is not specified, the manufacturer is free to use any reasonable time that does not significantly affect the elastic and plastic components of the seat back loading.

thomas BUILT BUSES, INC.

June 4, 1976

Mr. Bob Krause Office of Standards Enforcement Motor Vehicle Programs U.S. Dept. of Transportation National Highway Traffic Administration

Re: Part 571 - Federal Motor Vehicle Safety Standards - Para. 571.222 S5.1.4.1 & S5.1.4.2

Our engineering department is in the process of developing testing and analysis techniques for demonstration of compliance with the referenced section of FMVSS. To ensure that these techniques will meet all requirements, we are in need of further clarification of the paragraphs pertaining to seat back load application. Accordingly, we would appreciate answers from your department on the following specific questions:

(1) Para. 571.222 S5.1.4.2 specifies energy absorption of the seat back deflection during load application. What is the significance of or treatment required of the energy returned during the backing off of the loading bar?

(2) Are there any requirements regarding elapsed time interval for the load back-off?

(3) Same questions re Para. 571.222 S5.1.3 thru S5.1.3.4 - Seat Performance Forward.

Thank you for your prompt assistance in answering these questions.

Malcolm B. Mathieson Engineering Manager

ID: nht90-3.78

TYPE: Interpretation-NHTSA

DATE: August 31, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: Samuel Kimmelman -- Engineering Product Manager, Ideal Division, EPICOR Industries, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8-2-90 from S. Kimmelman to P.J. Rice (OCC 5074)

TEXT:

This is in reply to your letter of August 2, 1990, with respect to Motor Vehicle Safety Standard No. 108.

It is your understanding that, when a vehicle is delivered to its purchaser with dealer-installed trailer hitch and associated wiring, it must conform to all applicable Federal motor vehicle safety standards. You interpret the standards as requiring thre e specific aspects of performance, and you ask whether we agree with those interpretations. These aspects are:

"1. The turn signal flasher must be certified as meeting the FMVSS-108 requirements of a variable load turn signal flasher, over a minimum load equal to that of the vehicle turn signal load and a maximum load equal to that of the vehicle plus the trailer ."

This is essentially correct. However, it is not the flasher that is certified but the vehicle in which the flasher is installed; Standard No. 108 does not require certification of original equipment lighting items, only replacement equipment items. Sta ndard No. 108's requirements for turn signal flashers are those of SAE Standard J590b, Automotive Turn Signal Flasher, October 1965, which are incorporated by reference. Under the Standard's Scope, the flashers "are intended to operate at the design loa d for the turn signal system as stated by the manufacturer." If a vehicle is designed for towing purposes, and its manufacturer offers an optional trailer hitch and associated wiring, then that manufacturer must equip the vehicle with a flasher capable of meeting a minimum load equal that of the vehicle turn signal load, and a maximum load equal to that of the vehicle plus the trailer. That will be a variable load turn signal flasher. The manufacturer of the vehicle is the person responsible for ensu ring that the flasher meets the vehicle's design load requirements, and that the vehicle is certified as conforming to Standard No. 108.

"2. The hazard warning signal flasher must be certified as meeting the requirements of FMVSS-108 over a load range of 2 lamps to the combined hazard warning loads of the vehicle plus the trailer."

This is also essentially correct, and our comments are similar. Standard No. 108's requirements for hazard warning signal flashers are those of SAE Recommended Practice J945 Vehicular Hazard Warning Signal Flasher, February 1966, which are incorporated by reference. The Practice's Scope specifies that the flashers "are required to operate from two signal lamps to the maximum design load. . . . as stated by the manufacturer. Thus, in

order for the vehicle manufacturer to certify compliance with Standard No. 108, it must equip the vehicle with a flasher that operates over a load range of two lamps to the total hazard warning system load of the vehicle plus the trailer.

"3. The requirement to provide turn signal outage is voided due to the trailer towing capability of the vehicle."

This is correct. Under section S5.5.6 of Standard No. 108, any vehicle equipped to tow trailers and which uses a variable-load turn signal flasher is exempted from the failure indication requirements of the SAE standards on turn signals.

I hope that this answers your questions.

ID: nht90-4.38

TYPE: Interpretation-NHTSA

DATE: October 9, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: William D. Rogers -- President, SportsCar America, Inc.

TITLE: None

ATTACHMT: Attached to report entitled NHTSA Office of Vehicle Safety Compliance Reports Accepted During September 90 for Test Program 90

TEXT:

We have received the (unsigned) petition of SportsCar America, Inc., for a temporary exemption from Motor Vehicle Safety Standard No. 208, on grounds of substantial economic hardship, and are returning all copies to you for the reasons stated below.

SportsCar America wishes to undertake the importation and sale of passenger cars produced in Brazil. Pursuant to an "Exclusive Distribution Agreement" ("the Agreement") with Alfa Metais Veiculos Ltda. of Brazil, which you enclosed, it has imported a pro totype vehicle for study, with reference to its status of conformance with the U.S. vehicle safety and emission standards.

The proper petitioner for this exemption is Alfa Metais Veiculos Ltda., identified in the Agreement that you attached as the "Manufacturer." Under Section 1 of the Agreement, SportsCar America is to return the prototype to the Manufacturer with "those mo difications necessary in order to meet the emission and safety standards necessary for the importation" of the cars, and the Manufacturer will then use it as a model for the production of vehicles for sale in the United States. Under 49 CPR Part 567, th e Manufacturer must also attach its certification of compliance to the completed vehicle before its shipment to the United States. Part 555 restricts petitions for temporary exemptions to Manufacturers of motor vehicles.

Although you identify SportsCar America as the "distribution agent", we have no record that the Manufacturer has filed the designation of agent pursuant to 49 CPR 551.45 that is required of Manufacturers offering their products for importation and sale i n the United States. Presumably Alfa Metais would wish to appoint SportsCar America as its agent. Once it has done so, SportsCar America may submit the petition on behalf of the Manufacturer. The production and financial data (in dollars, please) must be those of the Manufacturer. However, we regard as relevant to conformance arguments the efforts that SportsCar America intends to make during the time a possible exemption is in effect, as outlined in your petition.

Noting your requests for confidential treatment of information, we are returning all copies of your petition, with our comments. Generally, the agency does not like to accord confidential treatment to all financial data submitted. At a minimum, it woul d like to include in its notice asking comments from the public a dollar amount of the cumulative net profit or loss experienced by the Manufacturer in the three years preceding the filing of the petition. Similarly, it would like to publish a dollar fi gure in discussing the effects of a denial of the petition on

the petitioner. The purpose of this is our policy that if the public is to make an informed comment on the issue of whether compliance would cause a Manufacturer substantial economic hardship, the public should have access to much the same data as is av ailable to the agency in its determination.

If you would like clarification of any of these matters, Taylor Vinson of this Office (202-366-5263) will be happy to provide them.

ID: 10228

The Honorable Bart Stupak
U.S. House of Representatives
902 Ludington St.
Escanaba, MI 49829

Dear Mr. Stupak:

Thank you for your letter enclosing correspondence from your constituent, Mr. Kurt B. Ries, concerning our requirements for school vehicles. Your letter was referred to the National Highway Traffic Safety Administration (NHTSA) for reply, since NHTSA regulates the manufacture of all vehicles, including vans and school buses.

Mr. Ries, Director of the Northeast Michigan Consortium, asks for relief from what he believes is a new Federal regulation. The Northeast Michigan Consortium uses a number of 15-passenger vans to transport students to employment training programs and jobs. Mr. Ries believes the new Federal regulation will require all vehicles transporting students, including vans, to be replaced with "mini-school buses," which he believes is economically unfeasible.

I appreciate this opportunity to address your constituent's concerns. As explained below, the new regulation that Mr. Ries is concerned about is not a Federal regulation, but one that Michigan is considering adopting as State law.

NHTSA has issued safety standards applicable to new motor vehicles, including school buses. Under our regulations, a "school bus" is a vehicle carrying 11 or more persons, that is sold to transport children to school or school-related events. Congress has directed NHTSA to require school bus manufacturers to meet safety standards on aspects of school bus safety, including floor strength, seating systems, and crashworthiness. Each seller of a new school bus must ensure that the vehicle is certified as meeting these safety standards.

While NHTSA regulates the manufacture and sale of new school buses, this agency does not regulate the use of vehicles. Thus, we do not have a present or pending requirement that would require Mr. Ries to cease using his vans for school transportation.

The requirements for the use of school buses and other vehicles are matters for each State to decide. We understand from Mr. Roger Lynas, the State Pupil Transportation Director in Michigan, that Michigan is considering changing its school bus definition to make it more similar to NHTSA's. Such an amendment could affect what vehicles can be used for school transportation under State law. For more information about Michigan's proposed amendment, we suggest Mr. Ries contact Mr. Lynas at (517) 373-4013.

NHTSA does not require States to permit only the use of "school buses" when buses are used for school transportation. However, we support State decisions to do so. NHTSA provides recommendations for the States on various operational aspects of school bus and pupil transportation safety programs, in the form of Highway Safety Program Guideline No. 17, "Pupil Transportation Safety," copy enclosed. Since school buses have special safety features that conventional buses do not have, such as padded, high-backed seats, protected fuel tanks, and warning lights and stop arms, they are the safest means to transport school children. Guideline 17 recommends that all buses regularly used for student transportation meet our school bus safety standards. I hope this information is helpful. If you have any further questions, please do not hesitate to contact me.

Sincerely,

Carol Stroebel Director of Intergovernmental Affairs

Enclosure ref:571 d:9/26/95

ID: 10462-2

Mr. John E. Getz
Director, Mobile Products Engineering
Ellis & Watts
4400 Glen Willow Lake Lane
Batavia, Ohio 45103

Dear Mr. Getz:

This responds to your letter asking whether certain operations that your company performs on used trailers result in the trailers being considered "newly manufactured" for purposes of the Federal motor vehicle safety standards. You stated that you sometimes change the finishing and equipment of a used trailer for a new application. As an example, you stated that you recently took a 10- year old trailer, stripped the inside, and refinished it as a mobile marketing facility. You also stated that in some cases you may cut a hole in the side and install a door for a specific application. In a telephone conversation with Dorothy Nakama of my staff, you indicated that you have also changed trailers by adding heating or air conditioning units, or making the trailer usable as an auditorium.

In your letter, you asked whether the trailers would be considered "newly manufactured" if the running gear, VIN and the basic trailer structure do not change, but the ownership does change. You asked this question in light of the fact that change of ownership is relevant under 49 CFR part 571.7(f) in determining whether a trailer manufactured from new and used components is considered newly manufactured. As discussed below, it is our opinion that the operations you describe do not result in the trailers being considered newly manufactured.

By way of background information, the National Highway Traffic Safety Administration issues safety standards for new motor vehicles and new motor vehicle equipment. The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

Section 49 CFR part 571.7(f) reads as follows:

Combining new and used components in trailer manufacture. When new materials are used in the assembly of a trailer, the trailer will be considered newly manufactured for

purposes of [the safety standards], unless, at a minimum, the running gear assembly (axle(s), wheels, braking and suspension) is not new, and was taken from an existing trailer--

(1) Whose identity is continued in the reassembled vehicle with respect to the Vehicle Identification Number; and

(2) That is owned or leased by the user of the reassembled vehicle.

This section only applies when new and used materials are used in the "assembly" of a trailer. It is our opinion that the operations that you describe, i.e., where the running gear, VIN and the basic trailer structure do not change, do not constitute trailer assembly. Therefore, this section, including its provision concerning transfer of ownership, does not apply. We consider your operations to be in the nature of repair or refurbishment of a used trailer, which does not result in the trailer being considered newly manufactured.

I hope this information is helpful. If there are any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:571 d:3/2/95

ID: 10553

Mr. G. Brandt Taylor
President
Day-Night Mirrors, Inc.
36 Barnes Hill Road
Berlin, MA 01503

Dear Mr. Taylor:

This responds to your letter asking about the requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanically rotating a shaft or by actuating an electrical motor.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority 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, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that

All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such reflectance automatically in the event of electrical failure.

You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether "west coast" mirrors and mirrors on trailer trucks could have a removable manual override.

The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991)

The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirror. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operation would only be achieved by requiring this device to be permanent, a removable override would not be permitted.

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

Sincerely,

Philip R. Recht Chief Counsel

ref:111 d:2/13/95

ID: nht80-1.33

DATE: 03/18/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz

COPYEE: JEROME N. SONOSKY

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter forwarded to us by Mr. Jerry Sonosky, requesting an interpretation of the term "overall width" as used in Safety Standard No. 104, Windshield Wiping and Washing Systems. You ask questions: (1) whether overall width means the design width of a vehicle, or whether it means the maximum possible width allowed by design tolerances, and (2) whether overall width includes plastic, splash molding attached to the vehicle body with screws and nuts.

In answer to your first question, overall width means the maximum design width of the vehicle including tolerances.

Safety Standard No. 104 defines "overall width" as the maximum overall body width dimension "W116," as defined in section E, Ground Vehicle Practice, SAE Aero-space-Automotive Drawing Standards, September 1963. The "W116" standard specifies that overall width is measured across the body, excluding hardware and applied moldings, but including fenders when integral with the body. Therefore, the overall width of a vehicle would not include splash molding on the sides of the vehicle.

SINCERELY,

HOGAN & HARTSON

February 14, 1980

Hugh Oates Office of the General Counsel National Highway Traffic Safety Administration

Dear Hugh:

Enclosed is a request for interpretation of Standard 104 which our client, Mercedes-Benz of North America, Inc. asked us to forward directly to you.

Best wishes.

Jerome N. Sonosky

ENC.

CC: PROF. DR. W. REIDELBACH; CRAIG JONES

MERCEDES-BENZ OF NORTH AMERICA, INC.

November 16, 1979

National Highway Traffic Safety Administration

Attn: Office of Chief Counsel

Subject: Motor Vehicle Safety Standard No. 104 - Windshield Wiping and Washing Systems; Request for Interpretation

Dear Madam or Sir:

Your interpretation is requested on the definition "Overall width" as used in Motor Vehicle Safety Standard No. 104 - Windshield Wiping and Washing Systems. Section S 3. of that standard defines "Overall width" as being the maximum overall body width dimension "W116", as defined in section E, Ground Vehicle Practice, SAE Aerospace-Automotive Drawing Standards, September 1963. This second standard contains the statement that "Overall width" is measured across body, excluding hardware and applied moldings, but including fenders when integral with body.

Your interpretation of this definition is requested as follows:

1. Does overall width mean the design width of a vehicle, or does it mean the maximum (or minimum) possible width allowed by design tolerances?

2. Does overall width include plastic, splash molding attached to the vehicle body with screws and nuts. You will note in the attached drawing that this splash trim (cross-hatched) is the widest portion of the vehicle. However it is only an applied molding as shown both in the cross-section view as well as the vehicle photograph.

Should you require additional information on this request do not hesitate to contact Mr. G. M. Hespeler of our Safety Engineering Department - 201-573 2616.

HEINZ W. GERTH

(Graphics omitted)

(Graphics omitted)

(Graphics omitted)