ID: nht94-6.14

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: David A. Scott -- President, RKS International L.L.C.

TITLE: None

ATTACHMT: Attached to letter dated 3/8/94 from David A. Scott to John Womack (OCC-9783)

TEXT:

This responds to your letter of March 8, 1994, asking for information about this agency's regulations regarding importation and sale of motor vehicles and motor vehicle equipment.

You intend to import "fiberglass kit cars." The cars may be imported "either disassembled or partially assembled." Your company "will then be providing and/or installing American parts in the U.S. for the major mechanical portions like engines, transmissions, suspension systems, tires, etc."

It appears from your letter that you intend to import, items of equipment, either individually or as part of a larger assembly, which, after entry into the United States, will have the drive train and related components installed that are necessary to complete its manufacture as a motor vehicle. For purposes of this interpretation, it is unimportant whether the equipment is imported as individual items, or assembled into a vehicle lacking a power train.

Some items of motor vehicle equipment are subject to the Federal motor vehicle safety standards (FMVSS). In order to be imported into the United States, they must comply with all applicable FMVSS. Passenger car equipment that must comply includes brake hoses, brake fluid, lamps and reflectors, tires, glazing material, and seat belt assemblies. It is mandatory that all these items (except lamps and reflectors) beat a DOT symbol in order to be imported; the symbol is the manufacturer's certification of compliance with the FMVSS. It is optional for lamps and reflectors to be marked with the DOT symbol. If they are not marked, permissible options include a certification statement attached to the equipment item or on the container in which the item is shipped.

When assembly of the vehicle is completed in the United States, its assembler must satisfy itself that it conforms to all applicable FMVSS and affix a label certifying that the vehicle complies.

I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. It identifies relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. It also explains how to obtain this agency's safety standards and regulations. If you have further questions we shall be pleased to answer them.

ID: nht94-6.15

DATE: April 25, 1994

FROM: Gerald Plante -- Manager, Product Compliance, Saab Cars USA, Inc.

TO: Barbara Gray -- Office of Market Incentives, NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 8/9/94 from Barry Felrice to Gerald Plante

TEXT: Dear Ms. Gray:

Saab has made some updates to our anti-theft alarm systems in our 1995 model year Saab 900 models. I am sorry I missed your return call. I was hoping we could have had some discussion about NHTSA's current evaluation guidelines on the telephone before submitting written materials. As a way of introduction, I have taken David Raney's place as Saab's Manager of Product Compliance.

Saab views the changes in 1995 components and designs with our anti-theft systems as de minimis ones that would enhance the anti-theft effectiveness of the 1994 alarm. To the extent permitted in 49 CFR Part 543.9, Saab is requesting permission to modify our existing exemption on the Saab 900.

The enclosed material is primarily updates of the material provided to NHTSA on March 25, 1993. Briefly, the changes involve the following:

1. Remote control added. 2. Arming/disarming of alarm/immobilizer functions from remote control only. 3. Remote control operation of the central locking system added. 4. Immobilizer function expanded by adding fuel pump and ignition disengagement to the existing starter motor disengagement.

We would very much appreciate your review of this material to confirm that NHTSA agrees with Saab on the above points. Please feel free to contact me at (404) 279-6377.

Given the definition of "carline" in Part 541.4(b), all 1995 Saab cars labelled as 900 models belong to one carline: Saab 900.

The basis of our petition for exemption is the specification of an effective anti-theft system on all Saab 900 models as standard equipment. In addition, this carline will be specified with an anti-theft radio system, which will further reduce the incidence of auto theft involving Saab cars.

Carline Description

1995 Saab 900 Carline: Body Style Model Designation Engine Variant 2-door hatchback 900 Turbo 4 cyl., 16-valve 4-door hatchback 900 6 cyl., 24-valve 2-door hatchback 900 6 cyl., 24-valve 4-door hatchback 900 4 cyl., 16-valve 2-door hatchback 900 4 cyl., 16-valve 2-door convertible 900 Turbo 4 cyl., 16-valve 2-door convertible 900 Turbo 6 cyl., 24-valve 2-door convertible 900 4 cyl., 16-valve

Anti-Theft System Description-MY 1995 Saab 900

The system consists primarily of the following components and functions:

Components

Audible signal device Electronic control module Remote control (2) Lock assembly protective covers Door-mounted switches (4) Hood-mounted switch Hatch/trunk lid-mounted switch Light-emitting diode (LED-system status indicator light) Glass breakage sensor Anti-Theft system window warning label (2) Three circuit disengagement relay (starter motor, fuel pump, and ignition)

Functions

Central door/lock/unlock from driver and front passenger door locks Dead-bolt locking of all doors and hatch/trunk lid from driver's door lock Starter motor, fuel pump, and ignition disengagement with alarm activation Horn sounding with alarm activation. Turn signal indicator flashing with alarm activation Arm/disarm from remote control Hatch/trunk lid lock/unlock and temporary disarming of the alarm from the remote control

Attachment I contains a wiring diagram depicting the Saab 900 anti-theft system circuitry and electric/electronic components. Attachment II depicts the location of the above-listed components. The vehicle depicted is the Saab 900 four-door hatchback. The two-door hatchback and convertible is identical to the four-door version, with the exception of the added rear passenger doors. Locking features for the rear passenger doors are identical to the front passenger locking features. The two-door convertible differs from the two-door hatchback only in that it has a conventional trunk, which is isolated from the passenger compartment by the rear seatbacks.

Functional Description

From the driver's, or front passenger's door lock, using the ignitiiion key or the remote control, the operator may activate or deactivate the central locking system by turning the key 45 degrees clockwise or counter-clockwise, respectively. In the locked position, all doors, including the hatch/trunk lid, are electro-mechanically locked. It is not possible to lock the doors while they are open (The lock plunger will not depress while the door is open); doors can only be locked from outside when the door is closed by using the ignition key in the door lock or the remote control.

From the dirver's door lock only, if the key is turned an additional 45 degrees in the same direction and withdrawn from this position, the dead-bolt is activated. This means that the door handles and lock devices are disengaged in the locked position, forcing an intruder to crawl through a broken window in order to enter the vehicle. The operator can not activate or deactivate the dead-bolt feature from the remote control.

From the left button on the remote control only, the alarm and immobilization features are armed. In armed condition, the vehicle doors, hatch/trunk, hood and windows are protected by the alarm system. If an attempt is made to enter the vehicle, an audible signal device (105-118 decibels) will sound for 30 seconds and the turn signals will flash for 300 seconds. If the alarm is disarmed within 30 to 300 second period, the horn is interrupted and the turn signal indicators cease flashing. If another trigger signal occurs (e.g., trunk) during this 30 or 300 second period, each function resets for another 30 or 300 second period, from the moment of retriggering.

At the same time, the starter motor, the fuel-pump and the ignition systems are automatically disabled for 30 minutes. If a renewed attempt is made to enter the vehicle, all systems will again react as described above. The anti-theft alarm can be disarmed idefinitely from the left button on the remote control, or temporarily from the hatch/trunk lid, using the right button on the remote control. In the latter case, the alarm rearms automatically ten seconds after the hatch/trunk lid is again closed.

In addition to the active systems described above, several passive anti-theft features further deter vehicle entry and theft. All door lock mechanisms are covered, and recessed inside the door, making it extremely difficult to unlock a door using an instrument slid down between the window and outer door skin. Furthermore, because the latch mechanism is located in the door, rather than in the B-pillar, it is much more difficult to unlatch the door using an instrument slid in between the door and B-or C-pillar. Also, the interior door lock plungers are of a design that is impossible to snag with a wire inserted between the weatherstip and window glass.

Functional Description continued

The Saab 900 ignition key and keylock, which is used to activate and deactivate the anti-theft system, are of a design unique to Saab, and are virtually impossible to "pick". The ignition key is also difficult to duplicate on the open market as a special blank, special key outlining equipment, and access to Saab key codes are required. Key blanks and codes are protected within the Saab corporate and dealer network.

The radio is designed to be extremely difficult to remove without the use of a special extraction tool. Once disconnected from a power-source, the radio will not function again unless a unit-specific, four-digit access code is keyed in. The radio facia is also an uncommon size, making it impractical to install in a different model vehicle.

A dash-mounted LED is used to indicate the various states of the alarm as follows:

1. Arming: The LED is lit for ten seconds.

2. Disarming: The LED is lit for one second.

System triggered during arming procedure: The LED Blinks at half-second intervals for 10 secons.

4. System triggering input cancelled during arming procedure: The LED stops blinking, and remains lit for 10 seconds.

5. Disarming from hatch/trunk lid: The LED is lit for 10 seconds after unlocking the hatch/trunk lid, and again for 10 seconds after closing it.

6. Glass breakage sensor override switch (M95) activated (ignition on): Teh LED is off.

7. Glass breakage sensor override switch (M95) pressed continuously (ignition off): The LED blinks at half-second intervals for 10 seconds.

8. Glass breakage sensor, override switch (M95) activated (ignition off): The LED blinks at half-second intervals for 10 seconds.

9. Disarmed system: The LED is off.

10. Armed system: The LED blinks at 2 second intervals until the system is disarmed.

11. Activated system: The LED blinks at 2 second intervals until the system is disarmed.

12. Self-armed three circuit disengagement: The LED blinks at 2 second intervals until the system is disarmed.

The system is protected against false activation from such common occurrences a shaiking or knockng, sound wave vibration, air turbulence, and temperature or light changes. In addition, the anti-theft system is equipped with a self-diagnostic system, which initiates a 10 second self-check function each time the system is armed. If a failure is detected, a fault code is stored, and the LED will blink for 10 seconds after arming the alarm (rather than remaining steadily lit for 10 seconds) as long as the code is left in the memory. Other system functions remain undisturbed. Diagnostic communication with the electronic control moduel can be initiated through the use of a special Saab Electronic diagnostic scanning tool when the alarm is unarmed.

Saab Automobile 900 MY95 Alarm Immobilizer Parts list:

900

INDEX PART NAME SAAB PART NUMBER: %Q1. Horn assembly 44 93 443 2. El. unit anti-theft system 45 88 182 3. Window warning label 95 68 049 4. Theft security lock/unlock switch 43 27 292 5. C-lock/security lock motor driver side 43 26 773 6. C-lock/security lock motor passenger 43 26 781 side 7. C-lock/security lock motors right read 43 26 799 doors 8. Door switch driver and passenger door 44 08 423 9. Door switch rear doors 44 08 423 10. Hatch/trunk lid switch 44 08 423 11. Hood switch 43 23 259 12. Glass breakage sensor/lamp 45 50 869 Convertible (black) 45 50 851 13. Central lock unit 40 90 991 14. L.E.D. 40 90 991 15 Remote control 45 50 075

GP/abh Enclosures

ID: nht94-6.16

DATE: April 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Frank Williams -- President, Safety Brake Set

TITLE: None

ATTACHMT: Attached To Letter Dated 10/8/93 To NHTSA From Frank Williams (OCC-9219)

TEXT: Dear Mr. Williams:

This responds to your letter requesting information about Federal requirements related to a product that "sets the brakes on an air brake vehicle when the driver exits the cab." I apologize for the delay in our response. You stated that your "device does not hook into the brake system but pops the parking button out if the driver is off the seat and the door is open. The brake then must be manually disengaged." You requested confirmation that the agency will neither support nor oppose the aftermarket installation of such a device.

I am pleased to have this opportunity to explain our regulations to you. I am also enclosing a copy of a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

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

NHTSA does not have any specific regulations about a product such as your device. However, since this device is related to a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses, and trailers equipped with air brake systems.

If your system is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 121. (See 15 U.S.C. @ 1397(a)(1) and 49 CFR Part

2

567). If the device is added to a previously certified new motor vehicle prior to its first consumer purchase, then the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. 49 CFR @ 567.7.

If the device is installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or in part, 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. 15 U.S.C. @ 1397(a)(2)(A). In particular, these entities should ensure that the installation of your device does not render inoperative the vehicle's compliance with the parking brake requirements set forth in S5.6.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin-Shaw at this address or by telephone at (202) 366-2992.

Sincerely,

Enclosure

ID: nht94-6.17

DATE: April 21, 1994

FROM: Fred Carr -- Engineer, Utilimaster

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/16/94 From John Womack To Fred Carr (A42; Std. 211)

TEXT: Dear Mr. Womack,

Please inform us as to whether Standard 571.211 applies to Motor Vehicle equipment relating to light duty, medium duty, and heavy duty trucks or truck manufacturers.

Respectfully yours,

ID: nht94-6.18

DATE: April 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Gary Klingaman -- Engineer, Inter Pipe, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 3/16/94 From Gary Klingaman To NHTSA Office Of Chief Counsel (OCC - 9833)

TEXT: Dear Mr. Klingaman:

This responds to your March 16, 1994, letter inquiring about the applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of used motor vehicles. You stated that your company manufactures water trucks and lube/fuel service trucks by adding water tanks and various other apparatus to incomplete vehicles. Your question is whether you are required to add a certification label (as required in 49 C.F.R. @ 571.115) even if you use a "pre-owned" (I assume you mean "used") truck chassis.

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

Whether Inter Pipe, Inc. would have to apply a certification label depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be a "final stage manufacturer" for the purposes of NHTSA's laws and regulations. 49 C.F.R. @ 568.6 requires a final stage manufacturer of a new vehicle to affix a certification label in accordance with 49 C.F.R. @ 567.5.

The requirements of 49 C.F.R. Parts 567-568 do not apply if you modify used vehicles. Hence, your company is not

2

required to affix a manufacturer's label to those used vehicles you convert into water trucks or fuel/lube trucks. However, @ 108(a)(2)(A) of the Safety Act provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly "render inoperative," in whole or in part, 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. Therefore, you must be careful when adding your equipment not to degrade the truck's ability to meet the safety standards.

For your information, I have enclosed a general information sheet for manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations.

I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact our office at (202) 366-2992.

Enclosures

ID: nht94-6.19

DATE: April 20, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Name Not Disclosed

TITLE: None

TEXT:

This responds to your letter of December 29, 1993, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it applies to your lighting device. You have requested confidential treatment of the matter but, in a telephone conversation of March 16, 1994, with Taylor Vinson of this office, you agreed to our practice in these matters to delete from the publicly available copy of this letter all information that would identify you, while disclosing the information necessary to render you an opinion.

You plan to create "signs, logos, emblems, accents, etc." which will be constructed of "sheet metal cut-outs of logos/company names," which "would be applied to large trucks and trailers." The color of the LEDs would "correspond to the safety color assigned to the panel of attachment (rear/ red, side/amber-yellow)." You note that LEDs provide a low level of illumination, for example, "100 LEDs would produce only 15 candelas of light." You believe the ideal height is 2 feet to 3 feet. You have asked for an interpretation that this would not be prohibited under S5.1.3 of Standard No. 108.

Paragraph S5.1.3 allows the installation on a new motor vehicle (i.e., one that has not been delivered to its first purchaser for purposes other than resale) of motor vehicle equipment provided that it does not impair the effectiveness of the lighting equipment required by Standard No. 108. For trailers or trucks whose overall width is 80 inches or more, the required side lighting equipment consists of amber and red side marker lamps; trailers of this width are also required to have conspicuity striping of red/white segments (which is not required for narrower trailers) applied near the lower horizontal edge. We interpret impairment as something that interferes with the function of the required equipment. The function of marker lamps and conspicuity taping is to alert drivers of other vehicles to the presence of a large vehicle in the roadway. We believe your device would not detract from this function since it also serves to call attention to the presence of a large vehicle.

When equipment of this nature is not prohibited under Federal law, its permissibility must be determined under the laws of the States where the vehicle is operated. We are unable to advise you on State laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203.

ID: nht94-6.2

DATE: May 5, 1994

FROM: J. L. Steffy -- Triumph Designs Ltd.

TO: Taylor Vinson -- Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/31/94 From John Womack To J.L. Steffy (A42; Std. 108)

TEXT: Dear Taylor

An additional concern for another unit with respect to FMVSS 108:

This is a self contained seal unit that would allow for symetric design & lighting. It comprises a headlight with high and low beams and 2 symetrically flanking front auxillary lamps possessing low beam that augment the headlight. Can you please comment on this as it affects our immediately plans for U.S. importation.

Thank you for your assistance

ID: nht94-6.20

DATE: April 20, 1994

FROM: Doug Bereuter -- Member Of Congress, U.S. House Of Representatives

TO: Christopher Hart -- Acting Administrator, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/10/94 From Christopher Hart To Doug Bereuter (A42; Std. 303) And 1/1/94 (EST) Letter From Christopher Hart To Doug Bereuter

TEXT: Dear Mr. Hart:

I recently received your response to my earlier letter regarding the long-delayed National Highway Traffic Safety Administration's rulemaking concerning compressed natural gas vehicle fuel systems and fuel containers. In your letter, you mention that the final rule is being prepared and will be sent to the Office of Management and Budget (OMB) for review. I want to know as soon as the rule is sent to OMB so that I can impress upon them the importance of this matter. It is also critical that you inform OMB of the need for a prompt review. This rule cannot be allowed to languish on someone's desk while Brunswick and its employees continue to suffer due to the lack of a final rule.

ID: nht94-6.21

DATE: April 20, 1994

FROM: Guy Dorleans -- Valeo Vision

TO: Mike Perel-- NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 6/6/94 From John Womack To Guy Dorleans (A42; Std. 108)

TEXT: inner R or L incorporate HB3 bulbs (High beam) outer R or L incorporate HB4 bulbs (low beam) When the driver switches the Low beam on, outer HB4s only [Illegible Word] energized. When the driver switches the High Beam on, all 4 bulbs are energized together.

We consider that outer unit must fulfill table 15a for Low Beam, an also that inner must fulfill with HB3 alone table 15a High beam.

Could you confirm my interpretation?

Best Regards.

Fax 8011 33149426161

ID: nht94-6.22

DATE: April 19, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Judith Jurin Semo, Esq. -- Squire, Sanders & Dempsey (Washington, D.C.)

TITLE: None

ATTACHMT: Attached to letter dated 11/5/93 from Judith Jurin Semo to John Womack (OCC 9287)

TEXT:

This responds to your request for NHTSA's determination that certain former East German military trucks, ZIL model 131, are not motor vehicles, and exempt from the Federal Motor Vehicle Safety Standards (FMVSS). We are unable to make such a determination. As explained below, a ZIL model 131 truck imported into the United States is considered a "motor vehicle" for purposes of the National Traffic and Motor Vehicle Safety Act (Safety Act) (15 U.S.C. 1391 et seq.), and is subject to the FMVSS.

Your letter explained that a client plans to import over 500 ZIL model 131 trucks into the U.S. Apparently, your client plans to modify the trucks in the U.S. to use for nonmilitary purposes. Your client intends to send most of the modified trucks to buyers in other countries, but plans to sell some of the trucks in the U.S. Your letter states: "... (S)ome ZIL vehicles may be modified to meet DOT/NHTSA and EPA standards in order to satisfy those buyers who require vehicles conforming to those standards."

Under the Safety Act, any "motor vehicle," whether new or used, that is imported into the United States for sale in this country must be brought into conformity with all FMVSS that applied at the time of its manufacture. The question that must be answered is whether the ZIL 131 trucks, at the time of importation, would be considered "motor vehicles."

"Motor vehicle" is defined at section 102(3) of the Safety Act (15 U.S.C. 1391(3)) as:

(A)ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA has interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are not motor vehicles. Further, vehicles designed and sold only for off-road use (such as airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and a maximum speed of 20 miles per hour (mph) are not considered motor vehicles, because their use of the public roads is intermittent and incidental to their primary intended off-road use.

On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, a utility vehicle like the Jeep is plainly a motor vehicle, even though it is equipped with special features to permit off-road operation. If a vehicle's greatest use will be

off-road, but it will spend a substantial amount of time on-road, NHTSA has interpreted the vehicle to be a "motor vehicle." Further, the agency has determined that a vehicle such as a dune buggy is a motor vehicle if it is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, regardless of the manufacturer's stated intent regarding the terrain on which the vehicle is to be operated.

Applying the above criteria, and based on the information in your letter, the ZIL model 131 trucks are motor vehicles. You state that potential U.S. buyers would require vehicles that meet the FMVSS. This suggests that U.S. vehicle owners intend to use the ZIL model 131 trucks as they would other motor vehicles, on the public roads. Judging from your photographs, the trucks do not have abnormal body configurations that distinguish them from other vehicles on the road. You stated that the trucks have a top speed of almost 50 miles per hour, a speed suitable for public roads. These facts suggest that the ZIL model 131 truck is designed and intended to be routinely used on the public roads, and should be classified as a motor vehicle.

Assuming your client is still interested in importing the ZIL 131 trucks for resale in the U.S., the Imported Vehicle Safety Compliance Act requires that the agency determine that the vehicles are capable of conversion to meet the FMVSS, and that the trucks be imported by a "registered importer." The agency makes determinations upon the basis of a petition by the manufacturer or registered importer (or upon its own volition). A "registered importer" is one whom NHTSA has recognized as capable of converting vehicles to meet the FMVSS. If you would like further details on eligibility determinations and import procedures, please let us know and we shall be pleased to provide them.

The Safety Act also addresses trucks your client wishes to import into the U.S. for modification for export. Under section 108(b)(3) of the Safety Act, the FMVSSs do not apply to vehicles intended solely for export. Thus, trucks brought into the U.S. for modification for export are not subject to the FMVSSs. Under 49 CFR S591.5, the importer would file a declaration under S591.5(c), that the vehicle does not comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, but is intended solely for export.

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