ID: nht72-3.21

DATE: 07/24/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Argo Plastic Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 27, 1972, requesting Federal "approval" for plastic glazing material you manufacture. You enclose copies of certificates showing approval by the State of California.

The NHTSA does not provide approvals for glazing materials subject to its requirements. Those requirements are found in Federal Motor Vehicle Safety Standard No. 205, "Glazing Materials," and apply to glazing materials for use in motor vehicles manufactured for sale to the United States. (This includes the 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American (Illegible Word), and not 37 States as you mentioned.)

Under the National Traffic and Motor Vehicle Safety Act (18 U.S.C. 1381 et seq.) manufacturers must use due care to ensure that products they manufacture conform to applicable standards (15 U.S.C. 1397 (a)(2)). The manufacturer must certify conformity as specified in section 114 of the Act (15 U.S.C. 1403), and in the case of Standard No. 205, as specified in the standard. The NHTSA does not approve manufacturers' products or their certification, but monitors compliance with the standards by purchasing materials on the open market, and testing them to the requirements of the standard. The failure of materials to conform can result in the imposition of civil penalties against the manufacturer, and other sanctions (15 U.S.C. 1398, 1399).

A copy of Standard No. 205 and the National Traffic and Motor Vehicle Safety Act are enclosed for your information.

Enclosures

ID: nht72-3.22

DATE: 11/15/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Philips Industries Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 5, 1972, concerning the manufacture of storm windows for use in recreational vehicles. You refer to our letter to Mr. Bob Sanders of your company (our records show the date of the letter to be July 5) in which we outlined the requirements for glazing materials used in various locations in recreational vehicles, and ask whether storm windows used in these locations must meet the same requirements.

The answer is yes. Storm windows for use in motor vehicles must meet the same requirements as other glazing materials, according to their location in the vehicle.

I have enclosed a copy of our Response to Petitions for reconsideration concerning the latest amendment to Standard No. 205.

ID: nht72-3.23

DATE: 07/28/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Resources Applications, Designs & Control, Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 21, 1972 requesting a determination as to the applicability of Federal Motor Vehicle Safety Standard No. 206, Door Locks and Door Retention Components, to (Illegible Words) equipment manufactured for installation on truck tractors.

An amendment to Standard No. 206 was issued in January 1972 (37 F.R. 284), which stated that the requirements of the Standard are applicable to any side door leading directly into a passenger compartment containing one or more seating accommodations.

From the information and photographs you provided, it appears that although the (Illegible Words) equipment is a passenger compartment, it is designed as a completely separate unit not containing any seating accommodations, and would therefore be exempt from the requirements of Standard No. 206.

It should be noted, however, that is not sleeper berth equipment is installed in such a way that it is (Illegible Word) to the truck cab and can be (Illegible Word) by the driver from within the cab, than any side doors on the sleeper berth equipment would be side door leading into a passenger compartment (the cab) containing seating accommodation and they would have to meet the requirements of the Standard.

For your information, I am enclosing a copy of this (Illegible Words) to Standard No. 206.

ID: nht72-3.24

DATE: 07/25/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: 5-J Manufacturing

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 20, 1972, requesting copies of Department of Transportation requirements regarding the manufacture of small boats, truck camper shells, camping trailers, and boat trailers. The NHTSA does have requirements regarding some of these components. All truck campers are required to conform to Motor Vehicle Safety Standard No. 205, "Glazing Materials," while those campers designed for mounting on incomplete vehicles (as distinguished from those mounted on pick-up trucks) that are manufactured after September 1, 1972, must conform to Motor Vehicle Safety Standard No. 206, "Door Locks and Door Retention Components." Camping and boat trailers must conform to Standard No. 108, "Lamps, Reflective Devices, and Associated Equipment." In addition, manufacturers of these products (campers, trailers, etc.) must certify that their products conform to the standards in the manner set forth in the Certification regulations (49 CFR Parts 567, 568). Information on how to obtain copies of NHTSA requirements is enclosed.

We have referred your request for rules and regulations regarding the manufacture of small boats to the United States Coast Guard, and have requested that they respond directly to you.

ID: nht72-3.25

DATE: 06/30/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Harold Schlintz & Associates

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 8, 1972, to Robert L. Carter, as to whether Federal Motor Vehicle Safety Standard No. 206 is applicable to a White "Freightliner" which was manufactured on or about December 1, 1970.

The White Freightliner, as illustrated in the picture you enclosed, is a truck tractor, and is classified as a "truck" under the motor vehicle safety standards. Standard No. 206 became applicable to trucks on January 1, 1972, and would not therefore apply to this truck. No other standards are applicable to the doors or door latches of this vehicle.

The standards do not apply to a vehicle after its first sale to a consumer (a used vehicle), and we exemption from the standards is necessary.

ID: nht72-3.26

DATE: 07/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Mercury Fabricators

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 20, 1972, in which you ask whether Motor Vehicle Safety Standards Nos. 206 (Door Locks and Door Retention Components) and 302 (Flammability of Interior Materials) apply to aluminum sleeper cabs which you manufacture for what appears to be installation on truck tractors.

Each motor vehicle safety standard is by its terms applicable to specific types of motor vehicles and motor vehicle equipment. Each vehicle or item of equipment to which a standard applies must conform to the standard until its first purchase by a user. Components which are incorporated into vehicles before their first purchase are considered to be part of the vehicle, and as a practical matter must conform to all standards applicable to it.

Standard No. 302 becomes effective September 1, 1972, and applies to trucks, which includes truck tractors. If a sleeper cab you manufacture is incorporated into a truck before its first purchase by a user, then it must conform to the standard. Moreover, the components to which the standard applies (paragraph S4.1) include mattress covers, and if you determine the standard applies under the criteria we have provided, mattress covers which you furnish must conform to the standard. You indicate you have tested the flammability of the cab utilizing a torch. While you may test for conformity to the standard in any way you choose, whether or not your product conforms to the standard will be determined by NHTSA utilizing the test procedures specified in the standard. Manufacturers who utilize procedures different from those in the standard should take care to correlate the results they obtained to those that would be obtained using the standard's procedures.

Standard No. 206 also applies to trucks, and will become effective for all side doors leading to passenger compartments on September 1, 1972. Consequently, if the sleeper cabs you manufacture are incorporated into trucks before their first purchase the sleeper cabs must conform to Standard No. 206

Enclosures

ID: nht72-3.27

DATE: 01/01/72 EST.

FROM: Richard B. Dyson; NHTSA

TO: Brockway Motor Trucks

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 12, 1972, regarding the application of S4.3 of Standard No. 207, Seating Systems, to an auxiliary folding seat installed in Brockway trucks.

As shown in your drawings and photographs, the seat faces forward and has a hinge at the rear of the lower cushion. An upward force at the front of the lower cushion will move the cushion upward and rearward until it presses against the seat back.

The intent of S4.3 is to reduce the forces acting on an occupant in an accident by preventing the seat or seat back from folding onto him. It does not appear from the material you have submitted that any motion of the lower seat cushion will impose such additional forces on an occupant. The folding action is therefore not of the type contemplated by the standard and no restaining device would be required for this seat.

ID: nht72-3.28

DATE: 06/15/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Wayne Transportation Division

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 1, 1972, in which you asked whether a bus passenger seat to which you plan to attach seat belts would be required to conform to Motor Vehicle Safety Standard No. 207, Seating Systems, and No. 210, Seat Belt Anchorages.

The seat would not be required to conform to either standard. Each expressly exempts bus passenger seats from compliance with its requirements. It is our opinion that if a manufacturer provides a safety device which the applicable standards do not require him to provide, he is not bound to conform to the performance requirements of those standards.

Even though no standard is presently applicable, the agency is considering rulemaking action that will establish a standard for bus seating and we strongly urge you to provide the safest possible installation.

ID: nht72-3.29

DATE: 03/23/72

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Universal Oil Products Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 3, 1972, in which you asked several questions concerning the effects of Motor Vehicle Safety Standard No. 207 on a type of center console seat manufactured by your company.

Before answering your specific questions about the standard, I want to clear up what seems to be a misconception in your letter about the obligations created by the National Traffic and Motor Vehicle Safety Act. The Act (Illegible Word) us authority to issue safety standards and provides, in Section 108(a), that no person shall

manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce . . . any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect. . . unless it is in conformity with such standard.

A dealer or distributor of a vehicle manufactured after the effective date of an applicable standard is thus obligated to maintain the vehicle in conformity with the standard, even though he might be in the "after-market" according to your terminology.

To answer your specific questions:

1. A seat installed on or after January 1, 1972, on a truck manufactured before January 1, 1972, will not have to conform to the standard. A truck manufactured before January 1, 1972, would not have had to conform on the date of its manufacture. Since the standard applies only to the vehicle and not to the equipment separately, the date of the vehicle's manufacture is controlling.

2 and 3. A seat installed on a truck manufactured on or after January 1, 1972, will have to conform to the standard, except that a person who has purchased a truck for his own use and not for resale may have a seat installed after purchase even though the seat does not conform. The standard does not regulate seats as a separate item of equipment and therefore does not expressly prohibit their sale and installation in this fashion.

ID: nht72-3.3

DATE: 02/04/72

FROM: CHARLES A. BAKER FOR E.T. DRIVER -- NHTSA

TO: Enterprise Sky Park

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 20, 1972, regarding standards for retreaded automobile and truck tires.

Federal motor vehicle safety standards do not apply to aircraft or aircraft equipment.

Standard No. 117 entitled "Retreaded Pneumatic Tires - Passenger Cars," does not apply to the retreading of aircraft tires and does not supersede Advisory Circular 43.13-1. A copy of the standard is enclosed.

We do not have a safety standard for retreaded truck tires at this time.