ID: nht93-6.1

DATE: August 5, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA; signature by Kenneth N. Weinstein

TO: Cary Klingner -- Trison Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/12/93 from Cary Klingner to John Womack (OCC-8874)

TEXT:

We have received your letter of July 12, 1993, with respect to Trison's "Daytime Running Lights" module. You have heard that "federal regulations were modified earlier this year that may affect this concept", and ask whether the device "complies with the regulations."

As you have described it, the product activates the lower beam headlamps whenever the engine is running, and may be overridden by the vehicle's headlamp switch. The module "can be installed by any car owner."

On January 11, 1993, we amended Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment to permit motor vehicles to be manufactured with front lamps (other than parking and fog lamps) wired to operate automatically during daytime. Before the amendment, paragraph S5.5.3 of Standard No. 108 required taillamps to be activated when the headlamps are activated. However, the amendment modified this requirement to state that taillamps "need not be activated if the headlamps are activated at less than full intensity" when in use as daytime running lamps. I enclose a copy of the amendment for your information. We have received petitions for reconsideration of aspects of the rule other than S5.5.3, and it is possible that the standard will eventually be amended in response to them.

The amendment does not establish requirements for aftermarket equipment such as your module. There is no Federal restriction on the sale of the module, but there are restrictions on its installation on new vehicles. A manufacturer, distributor, and dealer of a new motor vehicle must deliver it in full compliance with the Federal motor vehicle safety standards. As we understand it, your module would activate the lower beam headlamps at their full intensity, and the taillamps would not be activated until the main headlamp switch was used. This would create a noncompliance with S5.5.3, since the taillamps must be activated when the headlamps are activated at full intensity. In addition, the module also impairs the effectiveness of the taillamps within the meaning of a prohibition imposed by S5.1.3. For these reasons, a manufacturer or dealer could not legally install the module on a new motor vehicle before its sale to its first purchaser for purposes other than resale.

With respect to installation of the module in a vehicle after its first sale, under the National Traffic and Motor Vehicle Safety Act (the Act), no manufacturer, distributor, dealer, or motor vehicle repair business may "render inoperative, in whole or in part," lighting equipment required by Standard No. 108. Because the taillamps apparently will not operate when

the lower beam headlamps are activated at full intensity by the module, in our opinion, the taillamps have been rendered inoperative within the meaning of the statutory prohibition.

However, the module can be installed by the vehicle owner. The statutory prohibition does not apply to the vehicle owner, and modifications by the owner are subject only to State law. We are unable to advise you on State laws and recommend that you seek an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We do not understand your remark that "Minnesota law only requires that the headlamps be on so with our module no other lights or markers will be illuminated," and believe that your interpretation must be incorrect. Under the Act, if a State has a standard on lighting performance, it must be identical to the Federal standard.

I hope that you find this information helpful.

ID: nht93-6.10

DATE: August 13, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Alan Niedzwiecki -- Director of Business Development, EDO Corporation

TITLE: None

ATTACHMT: Attached to letter dated 6/22/93 from Alan Niedzwiecki to John Womack

TEXT:

This responds to your letter requesting information about this agency's activities related to cylinders for "compressed natural gas (CNG) vehicle on-board motor fuel storage." According to your letter, EDO is developing an all-composite cylinder that has a safety factor of 3.5. You further explained that your company is planning to begin a conversion program using these cylinders.

Mr. Marvin Shaw of my staff discussed your letter with your associate, Mr. John Vincenzo. Mr. Vincenzo said that EDO knows that the National Highway Traffic Safety Administration (NHTSA) is conducting a rulemaking related to CNG cylinders. Mr. Vincenzo seeks confirmation that, until a rule results from that rulemaking, there is no Department of Transportation regulation with which your company is required to comply before you start your conversion program.

By way of background information, NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. 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. NHTSA also investigates safety-related defects in motor vehicles and items of motor vehicle equipment.

At present, NHTSA has not issued any standard applicable to CNG cylinders or any regulation dealing with the conversion of vehicles to be equipped with such cylinders. Therefore, until such time as a standard is issued, you are correct that you are not required to comply with any NHTSA safety standard related to CNG fuel systems.

However, please be aware that manufacturers of CNG tanks and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, NHTSA has certain restrictions on vehicle fuel system conversions, depending on who does the conversion and when the work is done. I have enclosed a discussion that sets forth the implications under our present regulations of converting new and used gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses NHTSA's vehicle alterer requirements (49 CFR S567.7) which apply to work on new vehicles, and the Safety Act's "render inoperative" provision (S 108(a)(2)(A)), which applies to

work on new and used vehicles. Section 108(a)(2)(A) prohibits vehicle manufacturers, distributors, dealers and repair businesses from "knowingly rendering inoperative, in whole or in part, any device or element of design installed ... in compliance" with any FMVSS. Please contact us if you have further questions relating to the enclosed discussion.

I also note that the enclosed discussion is based on the FMVSS's that are currently in effect. As you know, NHTSA issued a proposed rule for CNG tanks and vehicles using CNG as a fuel. (58 FR 5323, January 21, 1993). If the agency were to ultimately decide to adopt the proposal, it would be necessary for NHTSA to revisit the "render inoperative" issues that relate to vehicle conversions. For example, if NHTSA were to issue a safety standard for CNG cylinders, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on new or used vehicles converted to CNG fuel.

With regard to present requirements for vehicle conversions, you should also note that the Federal Highway Administration (FHWA) of this Department has operational and equipment requirements for commercial vehicles used in interstate commerce. For information about possible FHWA requirements affecting your conversions, you can contact that agency's Chief Counsel's office at (202) 366-0650.

You were particularly interested in NHTSA's proposed rule for CNG tanks and vehicles using CNG as a fuel. In response to that proposal, the agency received over 55 comments (including one from your corporation), which we are currently analyzing. We expect our next regulatory decision in early 1994. In addition, please be aware that the January 1993 notice was a proposal and does not necessarily reflect the precise requirements that will be contained in the final rule.

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

ID: nht93-6.11

DATE: August 13, 1993 EST

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Kenneth E. Ross

TITLE: None

ATTACHMT: Attached to letter dated 6/14/93 from Kenneth E. Ross to Consumer Coordinator, NHTSA (OCC 8830)

TEXT:

This responds to your letter requesting information about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ("Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs).

In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, 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 in SS151-159 of the Safety Act 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.

Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render 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 ...." It is conceivable that your product, when placed on a vehicle's rear window, could "render inoperative" the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111.

The "render inoperative" prohibition of S108(a)(2)(A) 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 product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility.

We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.

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

ID: nht93-6.12

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Howard Schecter

TITLE: None

ATTACHMT: Attached to letter dated 6/23/93 from Howard Schecter to Office of Cheif Counsal (Chief Counsel), NHTSA

TEXT:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number - basic requirements (49 CFR S571.115). In a telephone conversation with Dorothy Nakama of my staff, you explained that you own a three-wheel motorcycle built with all used parts. The engine and other parts are from a used Corvair passenger car, and additional parts are from used motorcycles. Your letter asks whether your motorcycle must be assigned a vehicle identification number (VIN). The answer is no.

Standard No. 115 applies to new motor vehicles, including motorcycles. NHTSA does not consider your motorcycle as new, since it was built entirely out of used parts. Since Standard No. 115 applies only to new motor vehicles, and NHTSA does not consider your motorcycle to be new, the motorcycle's rebuilder need not, under NHTSA's regulations, assign a VIN to the motorcycle.

Your letter stated that the State of Hawaii's Reconstructed Vehicle Department (RVD) would not register your motorcycle since it has no VIN. Registration procedures for motor vehicles are set by each State, not NHTSA. However, we suggest that you show this letter to the RVD officials to explain that your motorcycle need not be assigned a VIN under NHTSA's regulations.

I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama at (202) 366-2992.

ID: nht93-6.13

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Han Dinh -- Project Manager, United States Postal Service

TITLE: None

ATTACHMT: Attached to letter dated 6/17/93 from Han Dinh to Steven P. Wood (OCC 8783)

TEXT:

This responds to your letter requesting information about the conversion of postal vehicles to operate on compressed natural gas (CNG). You explained that you are deciding which specifications to apply to the CNG pressure vessels on the converted vehicles. You ask whether we would recommend the American Gas Association's voluntary standard, NGV-2, or the Department of Transportation standard for cylinders which transport CNG.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. 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. NHTSA also investigates safety- related defects in motor vehicles and items of motor vehicle equipment.

At present, NHTSA has not issued any standard applicable to CNG cylinders or vehicles using CNG as a fuel. However, as you know, NHTSA has undertaken rulemaking on a safety standard for CNG tanks and vehicles. (58 FR 5323, January 21, 1993.) In response to our January 1993 proposal, the agency received over 55 comments, which we are currently analyzing. We expect our next regulatory decision in early 1994. Given that this rulemaking has not been completed, NHTSA is unable to recommend to you a particular course of action with respect to the NGV-2 and DOT standards at this time.

If NHTSA were to issue a safety standard for CNG cylinders and vehicles, the standard would apply to new products, and have applicability to vehicle conversions as follows.

The cylinder regulation would be an equipment standard. Thus, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on vehicles converted to CNG fuel.

The fuel system regulation would apply to new vehicles as manufactured by original equipment manufacturers or as converted prior to the first sale of the vehicle. Once the vehicle is sold, if the vehicle is converted by a commercial converter, the CNG fuel system regulation would apply if the vehicle was manufactured after the effective date of the standard and thus would have been regulated if it had originally been a CNG vehicle. With this in mind, I have enclosed a discussion that sets forth the implications under Federal law of converting gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses S108 (a)(2)(A) of the Safety Act, which prohibits

vehicle manufacturers, distributors, dealers and repair businesses from "knowingly rendering inoperative, in whole or in part, any device or element of design installed . . . in compliance" with any FMVSS.

In addition, please be aware that manufacturers of CNG tanks and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. For further information about FHWA requirements, you can contact that agency's Chief Counsel's office at (202) 366-0650.

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

ID: nht93-6.14

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ron D. Belk -- President, Kustom Fit

TITLE: None

ATTACHMT: Attached to letter dated 5/17/93 from Ron D. Belk to John Womack (OCC 8694)

TEXT:

This responds to your letter of May 17, 1993, which is a follow-up to our May 6, 1993, letter in which we explained the self-certification process, "render inoperative," and "due care." You include information from tests you have done to determine whether seats you manufacture can be installed in vehicles that must comply with requirements for dynamically tested manual belts in Standard No. 208, Occupant Crash Protection (49 CFR S571.208), which specifies performance requirements for the protection of vehicle occupants in crashes.

You have experienced difficulties because of variability in belt pay-out ranging from 2.25 inches to 4.9 inches and asked whether Standard No. 209, Seat Belt Assemblies (49 CFR S571.209) allows this much variability. It is unclear from the information you provided what is causing the belt pay-out you are experiencing. I note that S4.3(i) of Standard No. 209 limits the amount of webbing which can extend from an automatic-locking retractor prior to the retractor locking. A similar requirement for webbing-sensitive emergency-locking retractors is included in S4.3(j). Section 4.6 of Standard No. 209 excepts dynamically tested manual belts from the requirements of S4.2(a)-(f) and S4.4 of Standard No. 209, however, these belts must still comply with S4.3. The test for compliance with sections S4.3 (i) and S4.3 (j) are different from the tests you have been performing. Therefore, your tests would not indicate whether the seat belt assembly complies with these requirements of Standard No. 209.

You also asked for further advice on how to reassure your customers that vehicles will comply with Standard No. 208 with your seat installed. It is possible that you may not be able to do this. As explained in our previous letter, Standard No. 208 is applicable to vehicles and not to individual items of equipment (except for pressure devices and explosive devices used in air bags). Therefore, you, as the seat manufacturer, would have no certification responsibilities under standard No. 208. The vehicle manufacturer is required to certify compliance with Standard No. 208. This is because compliance with Standard No. 208 is dependent on a variety of factors, including the seat, the seat belts, and the vehicle interior. Because you manufacture only the seat, you cannot control the other factors, and, therefore, probably cannot provide your clients with all the information they need in order to certify their vehicles compliance with Standard No. 208. However, you should be able to provide them with information on your seats that they can use to help determine if their vehicles comply with Standard No. 208.

Finally, you asked whether NHTSA would impose liability on you or the seat belt manufacturer if we discovered an apparent non-compliance with Standard No. 208. Because Standard No. 208 applies to the vehicle, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) imposes liability for non-compliance on the vehicle manufacturer, not the seat or seat belt

manufacturer. However, state law may allow the vehicle manufacturer to recover damages from the manufacturer of either the seat or the seat belt.

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

ID: nht93-6.15

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ron Marion -- Sales Engineer, Thomas Built Buses, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/2/93 from Ron Marion to Marvin Shaw (OCC 8838)

TEXT:

This responds to your inquiry about the applicability of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1381, "Safety Act") requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. S 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm "on the left side of the bus." (S5.4) The purpose of this standard is "to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus." (S2)

When NHTSA specified that the stop arm must be placed on "the left side of the bus," the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, "the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window." (Emphasis added).

This provision indicates that the agency assumed that the "left" side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle.

Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the DRIVER'S side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side.

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.

ID: nht93-6.16

DATE: August 17, 1993

FROM: Erika Z. Jones -- Mayer, Brown & Platt

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10/7/93 from John Womack to Erika Z. Jones (A41; Std. 213)

TEXT:

I am writing to confirm our interpretation of FMVSS 213, S5.2.3.2, regarding the covering required on a surface that can be contactable by a child's head.

That provision requires that a contactable surface be covered by material with a specified compression deflection and a minimum thickness of 3/4 inch for materials having a 25 percent compression-deflection resistance of less than 1.8 psi.

As I understand this provision, the required covering material need not be provided in a single piece, as long as the material taken together would satisfy the compression deflection and minimum thickness requirements. Specifically, we understand that the requirement could be met by providing energy absorbing material in two pieces -- one piece bonded to the seat shell and one piece contained within the back of the permanently attached seat cushion, if the combined thickness of the two pieces is at least 3/4 of an inch.

We appreciate knowing whether you concur with this understanding of the requirements of FMVSS 213. Thank you for your attention to this request.

ID: nht93-6.17

DATE: August 18, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Calin Moldovean -- Vehicle Technology Engineer, TUV America, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/20/93 from Calin Moldovean to John Womack (OCC 8899)

TEXT:

This responds to your inquiry asking about how this agency's regulations would apply to the introduction into the United States of a new "aftermarket" gas cap. 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 Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, under the National Traffic and Motor Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards.

There is currently no Federal Motor Vehicle Safety Standard that is directly applicable to a replacement gas cap. Nevertheless, you should be aware of Safety Standard No. 301, Fuel System Integrity, which may be relevant to the product in question. Standard No. 301 applies only to new motor vehicles and specifies performance requirements that must be met by the fuel system as a whole following crash tests. The standard does not apply to individual components of a fuel system or to aftermarket equipment for use on fuel systems.

Although Standard No. 301 would not directly apply to a replacement gas cap, there are responsibilities under Federal law of which you should be aware. Manufacturers of motor vehicle equipment, which includes gas caps, are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety.

In addition, there are prohibitions against certain modifications of new and used vehicles. Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a new or used motor vehicle in compliance with any applicable Federal Motor Vehicle Safety Standard. Therefore, no person in any of the aforementioned categories may place the gas cap on a motor vehicle if by so doing the vehicle's compliance with Standard No. 301 were negatively affected. Whether your gas cap could be installed on a vehicle by a person in one of those categories without taking the vehicle out of compliance with Standard No. 301 or any other applicable Federal safety standard is a determination that must be made by the entity making the installation.

Please note that the prohibition of S 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, a vehicle owner may install or remove any item of motor vehicle equipment regardless of its effect on compliance with the Federal safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment if the modification would degrade the vehicle's safety.

We suggest that you also contact the Environmental Protection Agency to see whether EPA has any type of emissions standard that might affect you as the manufacturer of a gas cap. The general telephone number for EPA is (202) 382-2090.

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.

ID: nht93-6.18

DATE: August 18, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Durin B. Rogers -- Saperstein (Saperston) & Day, P.C.

TITLE: None

ATTACHMT: Attached to letter dated 7/1/91 from Paul Jackson Rice to Richard E. Wright (Std. 205); Also attached to letter dated 11-29-84 from Frank Berndt to Wayne Ivie (Std. 205); Also attached to letter dated 7/8/93 from Durin B. Rogers to John Womack (OCC 8865)

TEXT:

This responds to your question about whether Standard No. 205, Glazing Materials, (49 CFR S571.205), applies to side windows in what you refer to as "fifth wheel campers/trailers." A picture accompanying your letter indicates that the camper has a tandem rear axle and is towed by a powered vehicle. As explained below, glazing materials used in new or used trailers are not covered by Standard No. 205.

Each Federal motor vehicle safety standard has an application section which specifies the vehicles or equipment to which the standard applies. Standard No. 205 sets performance requirements for glazing used in a wide range of vehicles. It does not, however, apply to trailers, which our regulations define as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle" (49 CFR S571.3).

You also asked about Federal or industrial regulations that require use of Standard No. 205 glazing for window replacements and/or repairs. Standard No. 205 applies to aftermarket glazing materials for certain vehicle types. However, the standard does not apply to replacement glazing for use in trailers. There are no Federal regulations that would require Standard No. 205 glazing for window replacements or repairs, nor are we aware of any industry regulations about the replacement of glazing. You may wish to check with the State of New York which has the authority to regulate the operation and modification of vehicles by their owners. New York may have used this authority to issue regulations about replacing or repairing damaged glazing.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.