ID: nht71-3.41

DATE: 06/04/71

FROM: L. R. SCHNEIDER -- ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY DAVID SCHMELTZER

TO: Williamsen Body & Equipment Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 18, 1971, requesting an interpretation of the Tire Identication and Record Keeping Regulation (49 C.F.R. Part 574) as it applies to vehicles manufactured in two or more stages.

The final-stage manufacturer, as a vehicle manufacturer, under section 113(f) of the National Traffic and Motor Vehicle Safety Act, is required to keep a record of the name and address of the first purchaser for purposes other than resale, and to maintain a record of the tires shipped on or in the completed vehicle (49 C.F.R. 574.10). Although the final-stage manufacturer may designate someone to maintain the records required under section 574.10 of the Tire Identification and Record Keeping Regulation, the legal responsibility for maintaining the records remains with the final-stage manufacturer.

However, the incomplete vehicle manufacturer, or any intermediate manufacturer, may assume "legal responsibility for all duties and liabilities imposed on manufacturers by (the Act) with respect to the vehicle as finally manufactured . . . " (49 C.F.R. 568.7). In such a case, the responsibilities for maintaining the records required by the Act and by the Tire Identification and Record Keeping Regulation will be assumed by the incomplete vehicle manufacturer, or any intermediate manufacturer, and the final-stage manufacturer will be relieved of all liability for maintaining the records.

Under the Tire Identification and Record Keeping Regulation, the manufacturer is not required to keep a record of tires manufactured before May 22 1971, but sold after that date. However, where feasible, we recommend that the manufacturer maintain some system whereby he can identify the type of tire on vehicles he sells as well as the purchaser of the vehicle.

For your convenience, we have enclosed copies of the Act with its amendments, the Tire Identification and Record Keeping Regulation, and the Certification Regulation.

ENCLOSURES

ID: nht71-3.42

DATE: 07/19/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Harley-Davidson Motor Co., Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 21, 1971, concerning a dispute you are having with your supplier of glazing materials concerning who is the "prime glazing material manufacturer" as specified in S3.4 of Standard No. 205, and who would consequently be required to obtain a manufacturers' code number under S5.2 of the proposed amendment to Standard No. 205, published January 9, 1971 (Docket 71-1, Notice 1) (36 F.R. 326). You indicate that you purchase the glazing material from your supplier, and cut it to size for motorcycle windshields. You state that your supplier claims that although he manufactures the material to specification, he considers it to be purely a raw material, and that he is not a motor vehicle window or windshield manufacturer.

Federal Motor Vehicle Safety Standard No. 205 applies to "glazing materials for use in . . . " specified types of motor vehicles, one of which is motorcycles. It applies to glazing material that is manufactured for use in these vehicles before as well as after it has been cut to size or installed in the motor vehicle.

If a manufacturer is producing glazing materials that he knows are for use in motor vehicles he is, under the National Traffic and Motor Vehicle Safety Act, manufacturing glazing (1) which must comply with Standard No. 205 and (2) which he must certify, as specified in section 114 of the Act, and the Certification regulations (49 CFR Part 567, copy enclosed) as complying with the standard. A prime glazing material manufacturer may certify the material by the alternative method specified in S3.4 of Standard No. 205.

The standard clearly distinguishes between the prime manufacturer and those who merely cut the material, and places responsibility for compliance and certification on the former as well as the latter.

A producer of the basic glazing material, to be used in motor vehicles, is a "prime glazing material manufacturer" under the standard, and would be required to obtain the manufacturers' code mark under S5.2 of the proposed standard.

That proposal is currently under consideration, however, and it is recommended that no action be taken until a final regualtion is published.

ENCLOSURE

ID: nht71-3.43

DATE: 07/19/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: General Telephone Company of California

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 17, 1971, concerning General Telephone's obligations under the Tire Identification and Record Keeping Regulation (49 CFR 574).

You have asked if General Telephone is required to keep records under the regulation in connection with the sale of used vehicles, and if it is, whether a specific exemption is required.

If you are selling used vehicles to purchasers who are the ultimate users of these vehicles, and you are equipping those vehicles with new or newly retreaded tires, you are considered a tire dealer under section 574.9 of the regulation and you are required to maintain the records required by section 574.8 of the regulation.

If, however, you are selling used vehicles without equipping them with new or newly retreaded tires, to dealers rather than users, the regulation does not apply to General Telephones and no specific exemption is necessary.

Enclosed for your convenience is a copy of the regulation, if we can be of further assistance please feel free to write.

ENCLOSURE

ID: nht71-3.44

DATE: 07/21/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Peterson Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: In reply to your letter of July 9, you are correct in assuming "it will still be permissible to illuminate motorcycle license plates from the bottom even after January 1, 1973."

The installation requirements of Standard No. 108, as set out in SAE Standard 587d, License Plate Lamps, March 1969, do not apply to motorcycles and motor driven cycles.

ID: nht71-3.45

DATE: 07/21/71

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Rueck and Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 7, 1971, to the National Highway Safety Bureau (now the National Highway Traffic Safety Administration) concerning the requirements for sealed beam headlamp units.

The answers to your specific questions are as follows:

1. Sealed beam units must meet the photometric specifications in SAE J579 at the design voltage at or below the maximum amperes specified in SAE J573.

2. Tolerances are as follows:

Electrical power - the maximum electrical power is the product, in watts, of the design voltage multiplied by the maximum amperes at design volts. There is no specified minimum electrical power.

Maximum amperes - There is no tolerance. Maximum amperes is the maximum specified in SAE J573.

Design watts - There is no tolerance. There is, however, a tolerance on the actual watts or electrical power as described above.

3.4.4. The filament types and positions are illustrative of current practice only. Any type or position may be used to meet the specification of J579 and J573.

5. All glass sealed beam units are not mandatory. There are no restriction in Federal Motor Vehicle Safety Standard No. 108 or the SAE Standards on the number of pieces or the materials which are used to complete the assembled sealed beam unit as long as the specifications, including those in SAE J571, are met. Caution should be used, however, to ensure that a good and durable seal is obtained between the metal back, if used, and the other parts to optimize the useful service life of the sealed beam unit.

ID: nht71-3.46

DATE: 07/21/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Recreational Vehicle Institute, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 22, 1971, enclosing a copy of Mr. Shrake's memorandum "Seat Belts Required by July 1, 1971", copy attached.

We concur in your conclusion that the seat belt requirement does not apply to chassis-cabs, cabs, and vans, manufactured before July 1, 1971, and that, on or subsequent to that date, are completed as, or modified to become, motor homes. We concur also with the other points set out in the memorandum.

ENCLOSURE

ID: nht71-3.47

DATE: 07/21/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Erie Strayer Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 15, 1971, inquiring if a mobile concrete batch plant is considered a motor vehicle for purposes of the Tire Identification and Record Keeping Regulation (49 CFR 574).

The Erie Strayer's Mobile Combo-100 illustrated in your enclosed brochure is considered a motor vehicle. Enclosed is a letter dated April 20, 1970, signed by Secretary Volpe which sets forth the reasoning behind this determination.

As a motor vehicle manufacturer, you are required under Part 574, to maintain records of the name and address of the first purchaser for purposes other than resale of your vehicle along with a record of the tires shipped on or in your vehicles.

If we can be of further assistance, please feel free to write.

ENC.

ID: nht71-3.48

DATE: 07/22/71

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: S. Jackson-Smith

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your recent letter inquiring about the mounting of a spare tire between headlights of a Volkswagen Camper.

There is no Federal regulation that prohibits the mounting of the spare tire on the front of a vehicle. Federal motor vehicle safety standards apply to new vehicles and regulate manufacturers so as to assure compliance with applicable requirements. The standards do not regulate the vehicle purchaser and owner.

However, in the importation of vehicles into the United States, certain requirements must be met. These requirements are described in the enclosed pamphlet dated October 1969. If your vehicle has been manufactured more recently, up-to-date requirements may be obtained from your Volkswagen dealer.

It is recommended that inquiry be made of the State in which the vehicle will be licensed or driven for applicable laws and regulations in this area.

We appreciate your concern for motor vehicle safety.

ENC.

ID: nht71-3.49

DATE: 07/22/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Recreational Vehicle Institute

TITLE: FMVSS INTERPRETATION

TEXT: By letter of May 26, 1971, you requested our interpretation of S7.2.3 of Standard No. 208, Occupant Crash Protection, as it affects motor homes and campers that have a forward control configuration. The section provides that forward control vehicles under 10,000 pounds GVWR manufactured after August 15, 1977, may continue to use seat belt assemblies and used not provide passive protection, but that motor homes and vehicles carrying chassis-mount campers must provide passive protection, at least in head-on impacts. Your question is whether a motor home or chassis-mount camper that is also a forward control vehicle must provide passive protection.

The exemption granted by S7.2.3 to forward control vehicles was based on the difficulties inherent in providing adequate passive protection for(Illegible Word) vehicles, regardless of their anticipated use. If a forward control vehicle is manufactured in the form of a motor home or camper, the exemption continues to apply and such a vehicle would not be required to conform to the passive protection requirements of S4.1.2.2.

Please advise us if you have further questions on this subject.

ID: nht71-3.5

DATE: 05/20/71

FROM: AUTHOR UNAVAILABLE; R. B. Dyson for L. R. Schneider; NHTSA

TO: Boise Cascade Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 29, to Mr. Charles West, on the subject of air brake systems on mobile structure trailers. The standard to which you refer does not require air brakes to be installed on trailers, as your associates seem to fear. However, if your company decides on its own initiative to install air brakes on its mobile structure trailers, such brakes must conform to the air brake standard if the trailer is built on or after the effective date of the standard, January 1, 1973.

Please advise us if further clarification is needed.