Interpretation ID: 1984-1.11
TYPE: INTERPRETATION-NHTSA
DATE: 02/07/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Nr. Karl-Heinx Faber -- Mercedes-Benz of North America, Inc.
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Karl-Heinz Faber Vice President, Product Compliance and Service Administration Mercedes-Benz of North America, Inc. P.O. Box 350 Montvale, New Jersey 07645
This is in response to your September 14, 1983, letter in which you request that the National Highway Traffic Safety Administration confirm that the Unimog vehicle produced by Mercedes-Benz is not a "motor vehicle" within the meaning of section 102(3) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1391(3). The agency stated in a March 9, 1972, letter that a previous version of the Unimog would not be classified as a "motor vehicle."
The principal differences between the 1972 version of the Unimog and the version expected to be sold in the near future are, based on your representations made in a September 8 meeting with agency staff increases in engine horsepower, gross vehicle weight rating, wheelbase, length, width, height, and certain ground clearance specifications. The anticipated sales level for the vehicle is slightly higher than the past level, as well.
It appears that none of these changes would affect the classification of the Unimog under the Safety Act. Therefore, we conclude that the vehicle is still not a "motor vehicle." This conclusion presumes that the Unimogs would still be marketed, as in the past, principally through farm machinery and heavy equipment dealers, and that the vehicle would have affixed in the cab a label stating that the Unimog is not manufactured for highway use.
Sincerely Original signed by Frank Berndt, Chief Counsel cc: Mr. J. Sonosky Hogan and Hartson 815 Connecticut Ave., N.W.
Washington, DC 20006
September 14, 1983
Mr. Frank Berndt 400 Seventh Street, SW Washington, DC 20590
Subject: Classification of the Unimog Vehicle
Dear Mr. Berndt:
On March 9, 1972, after a thorough review, NHTSA advised us that the Mercedes-Benz Unimog was not a "motor vehicle" as defined by 15 U.S.C. 1391(3) and therefore was not subject to the requirements of the National Traffic and Motor Vehicle Safety Act. The letter also mentioned that the Agency's decision was subject to future review and reconsideration on the basis of any relevant information that might come to its attention.
On September 8, 1983, a meeting took place at the Agency with Messrs. Wood, Shifflet and Fairchild of your staff, Mr. Sonosky of Hogan & Hartson, counsel to MBNA, and members of my staff present. In this meeting, the planned expansion of the Unimog marketing program and technical changes in the vehicle were discussed in detail. A table showing specifications of the new Unimog models we intend to introduce as well as several brochures showing the intended uses of the vehicles were left with your staff. For your convenience, we enclose a duplicate set of that material. The number of models with only minor differences in GVWR and engine horsepower reflects our aim to provide that best suited equipment for each individual use.
In the discussion, your staff expressed interest in obtaining marketing data which would substantiate the off-highway nature of the vehicle as indicated by actual sales and implement applications. Enclosed please find a list of implements and attachments sold with Unimogs from 1975 to this date, the Unimog sales figure for the same period, and a summary of the Unimog use by business.
Other issues raised by your staff include whether the vehicle will continue to be labeled as in the past and sold through a dealer network related to farm machinery and heavy equipment. This is to re-affirm our intention to maintain both practices in our expanded program.
We trust that the information provided to your staff at the meeting, and the information contained in the enclosed material, are sufficient to enable you to maintain the decision expressed in the Agency's letter of March 9, 1972, for the new generation Unimog models which differ in size from the Unimog 900 but which, like their predecessor, were designed as off-road implement carriers and not intended primarily for use on roads and highways.
Since the initiation of our new marketing program is imminent, we respectfully request your expeditious review of this matter. Should you need any further information, please do not hesitate to contact this office.
Sincerely, Original signed by (?) Enclosure
Implements and attachments sold with Unimogs during Calendar Year 1975 through 1983 by order of sale volume:
QUANTITY IMPLEMENT/ATTACHMENT
150 Snowplow 112 Snowblower/Cutter 80 Backhoe 74 Doser Blade 64 Salt and Sand Spreader 34 Railroad Switcher 32 Front End Loader 24 Three-Point Hitch for Agriculture 23 Broom/Sweeper 23 Mower 18 Crane 24 Winch 11 Digger Derrick/Auger 10 Wood Shredder 9 Western Fire Package 5 Mobil Drill 3 Trencher 2 Man Basket 2 Forklift 2 Cable Plow 2 Dump Bed 1 Tree Spade 1 Sludge Pump 1 Brush Cutter
Comparison Unimog/Attachment Sales (Detail) 1975 - 1983 Ratio Unimog Sales Implement/Attachment Sales Unimog/Attachment 441 697 1 : 1.58
Unimog Use by Business
Federal, State, County and Municipal Departments 39% Contractors 15% Utility and Telephone Companies 11% Airports 10% Railroads 10% Agriculture 7% Others 8% PAGE 37 LEVEL 1 - 12 OF 169 ITEMS
TYPE: INTERPRETATION-NHTSA
DATE: 02/08/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Bob D. Troxel -- Vice President and General Manager, J.F. Enterprises Inc.
TITLE: FMVSS INTERPRETATION
ATTACHMT: 10/15/73 letter from Richard B. Dyson to David J. Humphreys (RVI Inc.)
TEXT:
Mr. Bob D. Troxel Vice President and General Manager J. F. Enterprises, Inc. Box 583 Wakarusa, Indiana 46573
This responds to your recent letter to Mr. Steve Kratzke of my staff, asking for a clarification of the requirements of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials (49 CFR S571.302). Specifically, your company manufactures innerspring mattresses, some of which are used in motor vehicles. You noted that the mattress covers on those mattresses for use in motor vehicles must comply with the flammability requirements of Standard No. 302, and that you had interpreted the mattress cover to consist only of the covering applied over the finished mattress. Hence, under your interpretation, Standard No. 302 would not apply to the ticking used as the outside of the mattress. However, you were told by several ticking manufacturers that a recent decision by this agency stated that ticking used on mattresses for use in motor vehicles must also satisfy the flammability requirements of the standard. It is correct that the ticking must satisfy Standard No. 302's flammability requirements.
The mattress cover has been interpreted by this agency to include both a covering put over a finished mattress and the permanent mattress ticking since Standard No. 302 became effective. Hence, the information that this was a recent decision by this agency is incorrect. For your information, I have enclosed a 1973 letter to the Recreational Vehicle Institute setting forth this interpretation over ten years ago.
Should you have any other questions about the applicability of Standard No. 302 to your products, please do not hesitate to contact Mr. Kratzke at this address or by telephone at (202) 426-2992.
Sincerely,
Frank Berndt Chief Counsel Enclosure - 10/15/73 letter from Richard B. Dyson to David J. Humphreys omitted here.
December 7, 1983
Dear Mr. Kratzke:
Our company is a manufacturer of innerspring mattresses. A small percentage of our production goes to the Recreational Vehicle Industry. Of this portion of our business a portion goes into Motorized Vehicles (Mini Homes, Motor Homes, etc.).
I am told that you may be able to clarify an item pertaining to how these mattresses are affected by the FMVSS 302 Flammibility Standard. We have been informed that the DOC FF 4-72 Standard that all of our mattresses are manufactured under applies and FMVSS 302 applies only to mattress "covers". The term "cover" we understand applies to a covering applied over the finished mattress and not the ticking used as the outside of the mattress.
I have recently been "told" by several manufacturers of "ticking" that a recent decision has been made that the ticking must meet FMVSS 302 when the finished product is used in a Motorized Vehicle.
I am asking your help in clarifying this question of the FMVSS 302 as it applies to an innerspring (or poly) mattress used in a Motorized Recreational Vehicle.
Thank you for your help.
Sincerely,
Bob D. Troxel Vice President and General Manager
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