ID: 11676MLS

Ms. Cindy Morrow
Tech Service Rep
Dana Drivetrain Services Division
Dana Corporation
P.O. Box 321
Toledo, Ohio 43697-0321

Dear Ms. Morrow:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA), Office of Safety Performance Standards, asking several questions about labeling requirements in Standard No. 106, Brake hoses, for Atube and hose assemblies@ used in air brake applications. Your letter was referred to my office for reply. I apologize for the delay in the agency=s response.

Some background information about Standard 106's labeling requirements would be helpful in answering your questions. Standard 106 applies to new motor vehicles and to new brake hoses, brake hose end fittings, and brake hose assemblies manufactured for use in motor vehicles. Section S4 of the standard defines various terms that are relevant to your inquiry. Section S7.2 sets forth requirements related to the labeling of air brake hoses (S7.2.1), air brake hose end fittings (S7.2.2), and air brake hose assemblies (S7.2.3). New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to civil penalties and recall responsibilities.

Section S4 of Standard 106 defines Abrake hose@ as a Aflexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid or vacuum used to apply force to a vehicle=s brakes.@ (Emphasis added.) Please note that NHTSA=s longstanding position is that the term Aflexible@ in the definition of Abrake hose@ excludes steel tubing. (See NHTSA=s response to petitions for reconsideration, 39 FR 7425, February 26, 1974, copy enclosed.) Flexible plastic tubing is considered to be brake hose.

Section S7.2.1 specifies that AEach air brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next@ with certain information, including a designation that identifies the manufacturer and the symbol DOT. The symbol DOT constitutes a certification by the brake

hose manufacturer that the hose conforms to all applicable motor vehicle safety standards. The requirement further states that AThe information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle.@

Section S4 defines Abrake hose end fittings@ as Aa coupler, other than a clamp, designed for attachment to the end of a brake hose.@ Section S7.2.2 specifies that AExcept for an end fitting that is attached by deformation of the fitting about a hose by crimping or swaging, at least one component of each air brake hose fitting shall be etched, embossed, or stamped@ with information that includes the symbol DOT.

Section S4 defines Abrake hose assembly@ as Aa brake hose, with or without armor, equipped with end fittings for use in a brake system, but does not include an air or vacuum assembly prepared by the owner or operator of a used vehicle, by his employee, or by a repair facility, for installation in that used vehicle.@ Section S7.2.3 specifies that AEach air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled@ by either a band around the brake hose assembly marked with certain information, or at the manufacturer=s option, by etching, stamping or embossing at least one end fitting with the manufacturer=s designation.

With this background in mind, I will now respond to your specific questions.

(1) Do tube fittings need to be stamped ADOT@?

The answer depends in part on whether the tubing to which the end fitting attaches is flexible. As noted above, NHTSA=s longstanding position is that the term Aflexible@ in the definition of Abrake hose@ excludes steel tubing or fittings for such tubing. Because there are no Federal requirements that regulate fittings for steel tubing, such fittings should not be certified with the DOT mark.

Plastic tubing is brake hose, so fittings for such hose are subject to the labeling requirements set forth in S7.2.2. Under that section, end fittings (other than those that are attached by deformation of the fitting about the hose by crimping or swaging), have to be marked with specified information, including ADOT.@ There are no labeling requirements for end fittings that are attached by crimping or swaging.

(2) Does tubing need to be marked ADOT@?

Assuming the tubing is flexible, the answer is yes, brake hose is required to be labeled with the symbol ADOT@ or cut from bulk hose that is labeled at intervals of not more than 6 inches with the symbol ADOT,@ under the requirements set forth in S7.2.1. (Note that under that section, the information need not be present on hose that is sold as part of an assembly or motor vehicle.)

(3) Do reusable (field attachable) hose ends need to be stamped ADOT@?

At least one component of a reusable (field attachable) hose end fitting is required to be stamped with the symbol DOT, and other information, under the provisions set forth in S7.2.2.

(4) Do permanently attached (crimped) ends need to be stamped ADOT@?

A crimped end fitting would not be required to be stamped with the symbol ADOT,@ under the exception set forth in S7.2.2.

(5) Does hose need to be marked ADOT?@

Our answer to Question Two should answer this question.

(6) Does an assembly of tubing with tube fittings for air brake systems need to be labeled if it is assembled by one party for resale/use by a second party?

Assuming you are referring to a brake hose assembly made up of end fittings that are attached by crimping or swaging, the assembly would have to be labeled under section S7.2.3. It can be labeled by either a band around the brake hose assembly or by etching, stamping or embossing at least one end fitting. An exception to this requirement is that a brake hose assembly sold as part of a new motor vehicle need not be so labeled.

As explained in our answer to your next question, an assembly made with reusable end fittings is not required to be labeled.

(7) Does a brake hose assembly with reusable (field attachable) ends need to be labeled if it is assembled by one party for resale/use by a second party?

Under section S7.2.3, an air brake hose assembly with reusable ends is not required to be labeled, because only those brake hose assemblies made with end fittings that are attached by crimping or swaging must be labeled. In an earlier interpretation letter to Stratoflex, Inc. dated January 15, 1987 (copy enclosed), the agency explained that

Standard No. 106 requires only that the end fittings be labeled and does not set a labeling requirement for the assemblies. These provisions were made in the standard because NHTSA believed labeling requirements for assemblies having renewable or reusable end fittings were impractical. NHTSA concluded that with reusable end fittings, the assembler=s identity could be lost or misapplied by a person reassembling the set at a later date, and the chances for confusion concerning the identity of the assembler would be great.

Even though the brake hose assembly is not required to be labeled, at least one component of each air brake hose fitting must be etched, embossed, or stamped with specified information, including the symbol DOT, under S7.2.2.

(8) Does a brake hose assembly with permanently attached (crimped) ends need to be labeled if it is assembled by one party for resale/use by a second party?

Our answer to Question Six should answer this question.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:106 d:4/29/96

ID: 11678.ZTV

Mr. Peter V. Colan
Vice President
SportCrafters
P.O. Box 452
Granger, IN 46530

Dear Mr. Colan:

We have received your letter of March 10, 1996, asking several questions about the relationship of your "rear- mounted receiver hitch bicycle rack" to the Federal motor vehicle safety standards.

Your product is clearly intended as aftermarket equipment, to be attached to motor vehicles in use. No safety standard applies to your device as an item of motor vehicle equipment. Therefore, the sole Federal restriction on such an item of equipment is that it must not "make inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard, if the product is added to the vehicle by a manufacturer, distributor, dealer or motor vehicle repair business. This is a statutory prohibition imposed by 49 U.S.C. 30122. Thus, if the rack prevented any rear lamp from complying with Federal photometric or visibility requirements, we would regard that as making the device inoperative within the meaning of the prohibition.

Under the law, however, the "make inoperative" prohibition does not extend to modifications made by the vehicle owner. If the rack is intended to be installed by the owner, there is no violation of a Federal law even if the installation causes a noncompliance with Federal lighting requirements. In this event, the acceptability of the rack as installed is governed by the laws of the state in which it is used. For this reason, the first four concerns you expressed are all answerable through reference to state law. We are unable to advise you on state

laws, and suggest that you contact the Department of Motor Vehicles of each state in which the equipment will be marketed and used.

If the rack is intended to be installed by a manufacturer, distributor, dealer, or motor vehicle repair business, you should take steps to ensure that the installation will not result in "making inoperative" any requirements of Standard No. 108, which is to say, in creating a noncompliance with visibility or photometric requirements. This relates to your Concerns 1b (reflectors and/or marker lamps) and 2 (taillamps) where you express an intention to supply some additional lamps and reflectors. Paragraph S5.3.1.1 of Standard No. 108 allows the installation of optional equipment that would otherwise create a noncompliance provided that auxiliary lighting or marking equipment is also installed that meets the requirements of Standard No. 108. If this is your intent, it is also relevant to any interpretation you may seek from state motor vehicle officials. There are no Federal safety standards covering your Concerns 1a (regulations on hitch or bumper-mounted accessories), and 3 (licensing or registration). With respect to your Concern 4, visibility of the license plate is also subject to state jurisdiction. However, Standard No. 108 does specify requirements for lighting of the plate which could be affected by installation of the rack. The Federal requirements are identical to those of SAE Standard J587 OCT81 (which have been incorporated by reference).

Your final concern is the "safety tests (or analytical equivalent)" which may be recommended. You have used the term "DOT-approved" equipment which reflects a common misconception that the agency approves equipment. The agency has no authority to approve or disapprove any vehicle or equipment item. A manufacturer must satisfy itself that its equipment item or vehicle complies with all applicable Federal motor vehicle safety standards, and then certify that it does so before delivering it for sale. If you wish to ensure that installation of your rack by a manufacturer, distributor, dealer, or motor vehicle repair business does not create a noncompliance with the photometric or visibility requirements of Standard No. 108 (many of which are in SAE standards incorporated by reference), you must review these requirements in light of your design.

Finally, I would like to note that the rack is an accessory to a motor vehicle, and, as such, is an item of motor vehicle equipment as defined by 49 U.S.C. 30102(a)(7)(B). Should either you or this agency determine that a defect related to motor vehicle safety exists in the rack, you (the manufacturer) will be required to notify consumers and dealers, as specified in 49 U.S.C. 30108, and remedy the safety related defect at no expense to these consumers and dealers, as specified in 49 U.S.C. 30120.

I have enclosed a copy of a paper that provides information for new manufacturers of motor vehicles and motor vehicle equipment. If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:VSA#108 d:5/9/96

ID: 11681MLS

Mr. Christian M. Smith, CEO
Ultimate Systems Inc.
131 Russell Street
Malden, MA 02148

Dear Mr. Smith:

This responds to your questions about whether Federal regulations apply to your product, which you describe as a modular cabinet installed in the cab of heavy trucks. According to your letter and discussions with Ms. Patricia Breslin of this agency, this product is kept in place by pressure systems and safety straps rated at 8000 pounds of force. You further stated that your product would not impede any safety devices or emergency exits, provided that it was installed properly. The following represents our opinion based on the facts provided in your letter.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), regulates the manufacture of motor vehicles and motor vehicle equipment. Under our governing statute, the manufacturer must certify that its vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS).

NHTSA does not have any specific Federal motor vehicle safety standard or other regulations directly covering modular compartments in truck tractors. However, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying with all applicable safety standards, including the rearward visibility requirements in Standard No. 111, Rearview Mirrors and the flammability resistance requirements in Standard No. 302, Flammability of Interior Materials. Please note that these two Standards apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product, if it were sold in the aftermarket.

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

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a statutory provision, which states: "A manufacturer, distributor, dealer, or motor vehicle repair business

may not knowingly make 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 ...." Your modular component could conceivably make inoperative the rearward visibility requirements set forth in Standard No. 111, or the flammability resistance requirements set forth in Standard No. 302. Any person in the aforementioned categories that installed your product would have to make sure they did not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "make inoperative" provision does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any Federal motor vehicle safety standards. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. You may wish to contact the Federal Highway Administration=s Office of Chief Counsel at (202) 366-0834 about whether any Federal Motor Carrier Safety Regulation apply to your product.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:111# 302 d:4/26/96

ID: 11682.MLS

Mr. Dave Brass
Dana Weatherhead Publications Supervisor
P.O. Box 455
Toledo, OH 43697-0455

Dear Mr. Brass:

This responds to your letter asking about labeling requirements in Standard No. 106, Brake Hoses, for air brake hose assemblies. You state that you supply brake hose and brake hose end fittings that are marked pursuant to Standard No. 106. You then ask whether under '7.2.3, a distributor such as NAPA Auto Parts Stores, has to attach a band to an air brake hose assembly that it crimps within its stores.

Section 7.2 of Standard No. 106 sets forth requirements related to the labeling of air brake hoses ('7.2.1), air brake hose end fittings ('7.2.2), and air brake hose assemblies ('7.2.3). Section 7.2.3 specifies that AEach air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled@ by either (1) a band around the brake hose assembly marked with certain information, or (2) at the manufacturer=s option, by etching, stamping or embossing at least one end fitting with the manufacturer=s designation. An exception to this requirement is that a brake hose assembly sold as part of a new motor vehicle need not be so labeled.

Under your example, NAPA would be the manufacturer of the assembly. As an assembler, NAPA is required to either label the brake hose assembly with either a band around it or by etching, stamping or embossing at least one end fitting. In other words, your customers would need to label air brake hose assemblies that they crimp or swage.

In response to your question about paragraph S4, our response is that the purpose of this paragraph is to define relevant terms in the Standard, such as Abrake hose,@ Abrake hose assembly,@ Abrake hose end fittings,@ and Apermanently attached end fitting.@ These definitions would not eliminate or otherwise affect the need for a distributor to comply with the labeling requirements set forth in S7.2.3.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:106 ref:5/10/96 d:5/10/96

ID: 11684ZTV

Cybernet Services Incorp.
704 Edgewater Drive
Dayton, TN 37321

Gentlemen:

Gilbert Lenkiewicz of Cleveland asked that we respond to you with respect to his letter to us of March 14, 1996, requesting an interpretation of Federal Motor Vehicle Safety Standard No. 108. He asked whether it is permissible to add a flashing strobe light into the existing assembly for the center highmounted stop lamp, as he is investigating "the possibility of marketing this idea to the general public as an after-market, owner-installed addition in kit form."

The answer is that Federal law does not prohibit owners from adding a strobe light into the center stop lamp of their vehicles but it does not allow other persons to add the strobe light. However, you should consult local laws to see whether such a modification is permissible because local laws govern the legality of owner modifications.

To explain, were the strobe light to be added to the center lamp as original equipment, before the first sale of the vehicle, it will create a noncompliance with Standard No. 108 which requires all stop lamps to be steady burning. Whether it is permissible to add the strobe light after initial sale is governed by Title 49 United States Code Section 30122 "Making safety devices and elements inoperative." Under this section, manufacturers, distributors, dealers, and motor vehicle repair businesses are prohibited from "making inoperative" Federally-mandated safety equipment such as the center stop lamp. Because addition of the strobe lamp would create a noncompliance in a new motor vehicle, and its operation could draw attention away from the vehicle's other required stop lamps, we view its addition to a vehicle in use as making this equipment inoperative within the intent of Section 30122. The prohibition does not extend to vehicle owners, however, and an owner may install the strobe light in the center stop lamp of his or her vehicle without violating Section 30122. But the seller of the device may not do so.

Even though the owner may install the strobe light under Federal law, the acceptability of using it is governed by the laws of the individual states. We are unable to advise you on state law, and recommend that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22303.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

NCC-20 ZTVinson:mar:3/25/96:62992:OCC 11684 cc: NCC-0l Subj/Chron interps. std. 108, VSA 30122 ztv; 11684; U:\ncc20\interp\108\11684.ztv

ID: 11689.MLV

Mr. Michael Pollard
Daleiden's Inc.
425 E. Vine St.
Kalamazoo, MI 49001

Dear Mr. Pollard:

This responds to your letter of March 21, 1996, requesting an exemption for "modifications of motor vehicles for drivers with physical disabilities." Your current issue concerns a modification to install an electric hydraulic seat base to allow the driver to transfer from a wheelchair to the supplied drivers seat on a 1996 Chevrolet Van. According to the seat base manufacturer, (B&D Industries of Mt. Carmel, IL) the airbag device must be disarmed to perform this modification.

In general, repair businesses are permitted to modify vehicles without obtaining permission from the National Highway Traffic Safety Administration (NHTSA) to do so, but are subject to certain regulatory limits on the type of modifications they may make.

NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment (such as an air bag) installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil fines up to $1,000 per violation.

Moving a seat, and presumably moving the seat belts for the seat, could affect compliance with four standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. While your letter does not explain why "the airbag device must be disarmed to accommodate" the apparatus to be installed, we are aware that some vehicles have air bag deployment sending units under the driver's seat and that the instructions provided by the OEM specifically prohibit relocation of these units.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the "make inoperative"

prohibition a purely technical one justified by public need. In your situation, NHTSA will not institute enforcement proceedings against the business that modifies the seat on the vehicle to accommodate the condition you describe.

We caution, however, that only necessary modifications should be made, and the person making the modifications should consider other safety issues that might arise from the modification. For example, in installing a new base below a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. In addition, you should consult with the manufacturer to determine how to disarm the air bag. The modification may cause the air bag to deploy. The manufacturer should be able to provide information on how the modification can be safely performed. Finally, if the vehicle is sold, we encourage the owner to advise the purchaser of the modifications.

Your letter also suggests that a "blanket exemption" would be useful to modifiers. The current Standard No. 208 contains an exclusion from the automatic protection requirement for trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less. Air bags are installed in vehicles as one means of complying with this requirement. The exclusion applies to "vehicles manufactured for operation by persons with disabilities," defined as:

vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat.

Your letter does not contain enough information to indicate whether your situation falls within this exclusion. However, you may nonetheless rely on non- enforcement of the standard for the reasons I described above.

You should also note that the "blanket" exclusion will not be available under the new regulation that requires the installation of air bags to meet the automatic protection requirements. That regulation will be phased in beginning with vehicles manufactured on or after September 1, 1997 (1998 model year). All vehicles must comply the following year.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

ref: VSA# 208 d:5/3/96

ID: 11695JEG

Mr. William G. Larrabee
141 Cotton Brook Road
Dover-Foxcroft, Maine 04426

Dear Mr. Larrabee:

This responds to your letter asking in what year it was mandated that the U.S. auto industry begin to install safety belts in new cars. I am pleased to provide this information to you.

The National Highway Traffic Safety Administration (NHTSA, then called the National Traffic Safety Agency) required all new passenger cars to have safety belts beginning on January 1, 1968. This requirement was included in one of the agency's initial Federal motor vehicle safety standards, which was based on the laws of 32 states. NHTSA required other types of new motor vehicles, such as sport utility vehicles, vans, and trucks, to have safety belts beginning on July 1, 1971.

I hope this information is helpful.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:208 d:4/26/96

ID: 11697DRN

Mr. Christophe Malaterre
Project Manager, International
PIVCO AS
Stanseveien 4
N-0975 Oslo, Norway

Dear Mr. Malaterre:

This responds to your question whether the National Highway Traffic Safety Administration (NHTSA) requires U.S. motor vehicles to carry the Standard No. 125 warning device. The answer is no.

As you indicated in your letter, Standard No. 125, Warning devices, establishes requirements for devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicles. Nothing in Standard No. 125 requires that a warning device be placed in a new motor vehicle.

Please note that the Federal Highway Administration, our sister agency in the U.S. Department of Transportation, establishes requirements for commercial vehicles and commercial drivers. That agency may have requirements for the Standard No. 125 device, when used in commercial vehicles. For information on warning device requirements for commercial vehicles, please contact: Mr. James E. Scapellato, Director, Office of Motor Carrier Research and Standards, Federal Highway Administration, 400 Seventh St., S.W., Washington, D.C. 20590.

In addition, some states may have requirements for use of the Standard No. 125 warning device. You may be able to receive relevant information about various state requirements from: Automotive Manufacturers Equipment Compliance Agency, Inc., 888 16th St., N.W., Suite 700, Washington, DC 20006. Their telephone number is: (202) 898- 0145.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Our FAX number is (202) 366-3820.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:125 d:4/12/96

ID: 11698.ZTV

M. Guy Dorleans
International Regulatory Affairs Manager
VALEO
34, rue St.-Andre
93012 Bobigny cedex
France

Dear M. Dorleans:

We have received your letter of March 19, 1996, asking for an interpretation of paragraphs S7.2(a) and S7.5(g) of Motor Vehicle Safety Standard No. 108. These paragraphs require that lenses of replaceable bulb headlamps be marked with the DOT symbol and the HB-type of light source used in the headlamp. Your engineers contemplate a clear-lensed headlamp, and would like to engrave these markings on a visible area of the inner bezel where they are easily seen from the outside. You ask for confirmation that this would meet the "spirit" of the requirement even if the definition of lens doesn't apply to an interior part.

The Federal motor vehicle safety standards specify objective requirements. Failure to mark the lens in the manner specified by Standard No. 108 would create a noncompliance with the standard. Paragraphs S7.2(a) and S7.5(g) are very specific in their requirements that the lens be marked, and do not allow alternative marking of the bezel if the lens is clear.

If you have any questions, you may refer them to Taylor Vinson of this Office (FAX 202-366-3820).

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:4/25/96

ID: 11701DRN

Mr. Ernest Cuff
General Manager
Sputhe Engineering, Inc.
11185 Lime Kiln Road
Grass Valley, CA 95949-9715

Dear Mr. Cuff:

This responds to your letter asking several questions concerning your planned manufacture of motorcycles. You explain that your company presently manufactures Aaftermarket [motorcycle] engine and transmission components@ and is negotiating with an Australian company to manufacture and sell motorcycles in the United States.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by Congress (49 U.S.C. Chapter 301) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and new items of equipment. NHTSA does not approve or certify any motor vehicles or motor vehicle equipment. Instead, our statute establishes a "self certification" process under which each manufacturer has the responsibility to certify that its product meets all applicable standards.

Your questions are as follows:

1. What if any, standards must be met for U.S. production?

ANSWER: The following Federal Motor Vehicle Safety Standards (49 C.F.R. Part 571) apply to motorcycles: Standard No. 106, Brake hoses; Standard No. 108 Lamps, reflective devices, and associated equipment; Standard No. 111 Rearview mirrors; Standard No. 115 Vehicle identification number - basic requirements; Standard No. 116 Motor vehicle brake fluids; Standard No. 119 New pneumatic tires for vehicles other than passenger cars; Standard No. 120 Tire selection and rims for motor vehicles other than passenger cars; Standard No. 122 Motorcycle brake systems; and Standard No. 123 Motorcycle controls and displays.

Each motorcycle must be certified by its manufacturer as meeting all applicable safety standards. The certification must be made in accordance with 49 CFR Part 567, Certification. In addition, if a vehicle contains a safety-related defect, the vehicle manufacturer must notify all owners, purchasers, and dealers of the defect and provide a remedy without charge.

A new manufacturer of motor vehicles or motor vehicle equipment must submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture (49 CFR Part 566, Manufacturer Identification). I am, for your information, enclosing an information sheet, "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment" and another sheet that describes how you may obtain copies of NHTSA=s standards.

The U.S. Environmental Protection Agency (EPA) has established motor vehicle noise and emission standards. For information on EPA's requirements, please contact:

Office of Mobile Sources, ANR-455 Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Telephone (202) 260-7645

2. Is there an annual level of production at which certain rules would apply, or would all rules apply for a production of as low as 2 to 3 units per year?

ANSWER: Each motorcycle must be certified as meeting the safety standards, regardless of production levels. Thus, even if only one motorcycle is manufactured, all the requirements mentioned in our response to question one would apply.

3. Would the Australian certification be accepted here, or would it be necessary to initiate a whole new round of testing to achieve U.S. certification?

ANSWER: As noted above, it is the manufacturer, not NHTSA, who self-certifies its motor vehicles or items of equipment. Manufacturers certifying compliance with the safety standards are not required to initiate any kind of testing for their certifications.

Each of NHTSA's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. However, NHTSA does not require a manufacturer to test its products only in the manner specified in the safety standards. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements, provided, however, that the manufacturer assures that the vehicle will comply with the standard when tested by NHTSA.

If NHTSA's compliance test were to show an apparent noncompliance of a vehicle with the standard, the vehicle manufacturer would be asked to show the basis for its certification that its vehicle complies with the standard. If in fact there is a noncompliance, the manufacturer would

be subject to civil penalties unless it can establish that it exercised "reasonable care" in the manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance.

It may be simplest for a manufacturer to establish that it exercised "reasonable care" if the manufacturer conducted testing that strictly followed a specific standard's compliance test

procedures. However, "reasonable care" might be shown even if modified test procedures were used.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:571.3 d:4/24/96

While the exercise of "reasonable care" may relieve a manufacturer of liability for civil penalties for the manufacture and sale of noncomplying vehicles or equipment, it does not relieve a manufacturer of the responsibility to notify purchasers of the noncompliance and remedy the noncompliance free of charge.