M. Guy Dorleans
International and Regulatory Affairs Manager
VALEO
34, rue Saint-Andre
93012 Bobigny
France

Dear M. Dorleans:

This is in reply to your letter of September 20, 2000, asking for interpretations of 49 CFR Part 564 and Federal Motor Vehicle Safety Standard No. 108.

Your company is presently developing "a headlamp which incorporates a replaceable gas-discharge light source with a ballast as a dedicated power supply." The light source is one for which information has been filed pursuant to 49 CFR Part 564 in Docket No. National Highway Traffic Safety Administration (NHTSA) 98-3397. The ballast, which is "completely encased in the headlamp, is not removable from the headlamp, and is not sold as a spare part," is not part of the list. You believe that the requirements of Part 564 do not apply to this headlamp and that you are not required to submit the information specified in Sec. 564.5(d)(1), (2), and (3).

Under the provisions of Sec. 564.5(d), a manufacturer may request modification of a light source for which information has previously been submitted. Because the ballast is a listed part necessary for interchangeability (Sec. 564, Appendix B, paragraph V, subsection A), you must submit the ballast part number. Even though the ballast is incorporated in the headlamp, and its part number is the same as the headlamp, its part number must be submitted because it is a modification of the basic information regarding light sources whose information is already listed in the Part 564 docket.

You have a question relating to Standard No. 108 as well. Paragraph S7.7(e)(1) through (e)(7) specifies marking requirements for ballasts necessary for operation of replaceable light sources. One face of the ballast in Valeo's headlamp is visible from outside the headlamp. You have asked whether the ballast in the Valeo headlamp must be marked in accordance with S7.7(e).

Paragraph S7.7(e) is the only NHTSA regulation that imposes specific requirements on ballasts. The paragraph does not distinguish between ballasts that are integrated into a headlamp and those that are exterior to it. The intent of the marking requirement is to inform the reader primarily of product identification, rated laboratory life of the light source/ballast combination, warning of potential shock hazard, and a DOT certification to these requirements. In our opinion, these markings are required under the headlamp design you posit, one in which a ballast is incorporated into the headlamp housing and is not replaceable alone.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:108
d.11/14/00

Mr. Bernard Geenen
The Trade Commissioner for Wallonia
Consulate General of Belgium
333 North Michigan Avenue
Suite 2000
Chicago, IL 60601

Dear Mr. Geenen:

This is in reply to your letter of September 21, 2000, to Taylor Vinson, which was received in this office on October 11, 2000.

With reference to a vehicle "to be used on private roads (amusement parks, resort, airports)," you have asked for a copy of "the official D.O.T. text(s) stating that such 'off road or non-road' vehicles are not subject to D.O. T. requirements." The vehicle is a "mini train," i.e., a tractor equipped with a Volkswagen engine pulling a trailer that carries 20 or more passengers.

We are pleased to provide you with the information you seek. Under our basic vehicle safety statute, we regulate "motor vehicles." A "motor vehicle" is defined, in pertinent part, as a vehicle that is driven or drawn by mechanical power and "manufactured primarily for use on public streets, roads, and highways" (Title 49, United States Code, Section 30102(a)(6)). Thus, it follows that we do not regulate a vehicle if it is not manufactured primarily for use on the public roads.

The determination of whether a vehicle is a "motor vehicle" is initially that of its manufacturer. We accept the manufacturer's determination unless that decision is clearly erroneous. We do not regard roadways in resorts, airports, and amusement parks as public roads. Therefore, if the manufacturer of the mini train you describe manufactures and sells it primarily for use in amusement parks, resorts, or airports, we would not regard it as a "motor vehicle" subject to D.O.T.'s jurisdiction and requirements. Of course, we might have to reconsider that decision if we became aware that mini trains were in fact being operated often on the public roads.

If you have further questions, you may telephone Taylor Vinson again (202-366-5263).

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:571
d.11/14/00

Mr. Andrew P. Doornaert
Arthur Andersen LLP
Suite 2700
500 Woodward Avenue
Detroit, MI 48226-3424

Dear Mr. Doornaert:

This responds to your letter requesting an interpretation of Part 583, Automobile Parts Content Labeling. You asked for clarification concerning how the value of certain "minor items" is treated in making various content calculations. Your questions are addressed below.

You first asked about 583.6, Procedure for determining U.S./Canadian parts content. Paragraph 583.6(c)(4)(iv) of this section provides that "(f)or the minor items listed in the 583.4 definition of 'passenger motor vehicle equipment' as being excluded from that term, outside and allied suppliers may, to the extent that they incorporate such items into their equipment, treat the cost of the minor items as value added in the country of assembly." You noted that, as a result of a recent amendment to Part 583, the list of minor items once included in 583.4 is no longer there. However, the same list now appears in 583.6(a). The list is comprised of the following items: nuts, bolts, clips, screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield washer fluid, fasteners, tire assembly fluid, rivets, adhesives, grommets, and wheel weights.

You are correct that we did not intend to change the provision permitting outside and allied suppliers to treat the cost of these minor items as value added in the country of assembly. We plan in the future to issue a technical amendment to correct this now-obsolete cross-reference.

You also asked whether the minor items provision of 583.6 can be considered in determining the country of origin for components of engines and transmissions in 583.8(c). While the minor items provision of 583.6 does not technically apply to the determinations made in

583.8, we nonetheless conclude that suppliers of engines and transmissions may treat the cost of these minor items as value added in the country of assembly for purposes of 583.8 determinations. The National Highway Traffic Safety Administration adopted the minor items provision of 583.6 to avoid imposing on suppliers the unnecessary burden of having to obtain content information about minor items whose value was so small as to be unlikely to have any effect on overall content calculations. This rationale is equally applicable to 583.8 determinations.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

Sincerely

John Womack
Acting Chief Counsel

ref:583
NCC-20:EGlancy:mar:3/21/01:62992:OCC 22222
cc: NCC-01 Subj/Chron, Redbook (2), interp 583
W:\nhtsaweb\cars\rules\interps\newhtml\22222.jeg.wpd

Trooper Dene Kay
Utah Highway Patrol
P.O. Box 1112
St. George, UT 84771

Dear Trooper Kay:

This responds to your letter to this agency regarding Federal standards on "altering" motor vehicles, specifically with regard to taillights, door handles, and windshield wipers. I will begin with some background information on National Highway Traffic Safety Administration (NHTSA) standards and then address each of your questions in turn.

Background

Chapter 301 of Title 49, United States Code (the Act), authorizes NHTSA to issue safety standards for new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the U.S. must comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) set forth in 49 CFR Part 571. Manufacturers of motor vehicles must certify compliance of their products in accordance with 49 CFR Part 567, Certification (copy enclosed). Also enclosed is a brochure entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," which includes a listing of FMVSS that apply to different vehicle type classifications.

Persons altering a new motor vehicle prior to its first retail sale to a consumer are considered vehicle alterers under NHTSA's certification regulation, 49 CFR 567.7, Requirements for Persons who Alter Certified Vehicles. A person who alters a previously certified motor vehicle must affix an additional certification label to the vehicle which states that the vehicle, as altered, conforms to all applicable FMVSS.

Manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a motor vehicle after its first retail sale are prohibited by 49 U.S.C. 30122 from knowingly making 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 FMVSS. However, the "make inoperative" provision does not prohibit consumers from modifying their own vehicles, even if such modifications adversely affect the compliance of the vehicle with the FMVSS. Such modifications may, nevertheless, be regulated by State law.

I will now address each of your specific questions.

Taillights

You state that individuals are installing clear taillight lenses with no red reflectors. The Federal requirements for motor vehicle lighting equipment are established by FMVSS No. 108 (49 C.F.R. 571.108), Lamps, Reflective Devices and Associated Equipment, which applies to lighting equipment on new vehicles and replacement equipment for that original lighting equipment. Paragraph S5.8, Replacement Equipment, of FMVSS No. 108 requires lighting equipment manufactured to replace original lighting equipment to be designed to conform to FMVSS No. 108.

Table I and Table III of FMVSS No. 108 require reflex reflectors (on the rear and the sides of the vehicle at the rear), tail lamps, and stop lamps to be red in color. The color red is defined by Society of Automotive Engineers (SAE) Standard J578c, Color Specifications for Electric Signaling Devices, February 1977, which S5.1.5 of Standard No. 108 incorporates by reference. Thus, the manufacture of clear lenses or lamps intended to replace lenses or lamps whose original color of light emitted was red is a violation of S5.8 of FMVSS No. 108, and the manufacture, importation, and sale of clear lenses or lamps for these purposes is a violation of 49 U.S.C. 30112. You also state that these taillight lenses do not have red reflectors; this too would be a violation.

If a noncompliant lamp or lens is installed as original equipment, the vehicle manufacturer is in violation of FMVSS No. 108. If a noncompliant lamp or lens is installed by a manufacturer, dealer, distributor, or motor vehicle repair business as a replacement item, that entity is in violation of 49 U.S.C. 30122. Note, however, that no federal laws or safety standards prohibit an owner of a vehicle from installing the clear lenses, even if the installation renders inoperative the compliance of the vehicle with an applicable safety standard.

You should note that many lamps such as you describe have been recalled. Many were also missing side markers and side reflectors in red.

Whether it is legal to drive a vehicle with clear lenses installed by the vehicle's owner is a question to be answered under the laws in effect where the vehicle is driven. While we cannot provide an opinion about Utah law, we note that our search of the Utah administrative code showed Rule R714-200-3, "Standards for Vehicle Lights and Illuminating Devices," incorporates FMVSS No. 108 as the standard governing motor vehicle lighting equipment. Thus, it appears that motor vehicle lighting equipment that does not comply with FMVSS No. 108 may also be illegal for use in your state.

Door Handles

You state that individuals are removing vehicles' outside door handles and replacing them with hidden switches to open the doors. FMVSS No. 206 (49 C.F.R. 571.206), Door Locks and Door Retention Components, applies to new motor vehicles and includes requirements that may affect this type of modification. The standard does not require that motor vehicle doors have outside door handles. However, the standard does require each motor vehicle door to "be equipped with a locking mechanism with an operating means in the interior of the vehicle." (49 C.F.R. 571.206, S4.1.3). When the locking mechanism on the side front door is engaged, "the outside door handle or other outside latch release control shall be inoperative." (S4.1.3.1, emphasis added). When the locking mechanism on the side rear door is engaged, "both the outside and inside door handles or other latch release controls shall be inoperative." (S4.1.3.2, emphasis added).

We consider the hidden switches you described in your letter to be "other latch release controls." Thus, these hidden switches must be inoperative when the locking mechanism on the doors is engaged.

If these hidden switches are installed by an alterer prior to first sale, then the alterer must certify that the vehicle continues to comply with all of the safety standards affected by the alteration. If the switches are installed by a manufacturer, distributor, dealer, or motor vehicle repair business after first sale, the installation must not render inoperative the compliance of the vehicle with any applicable safety standard, including FMVSS No. 206. However, no federal laws or safety standards prohibit an owner of a vehicle from installing the switches, even if the installation renders inoperative the compliance of the vehicle with any applicable safety standard. Such a modification could, however, be regulated by State law.

Windshield Wipers

You also state that individuals are removing vehicles' windshield wipers and replacing them with "just one large wiper." FMVSS No. 104 (49 C.F.R. 571.104), Windshield Wiping and Washing Systems, specifies windshield wiper requirements for new passenger cars, multipurpose passenger vehicles, trucks, and buses.

The essential feature of a windshield wiper system, from a safety standpoint, is its ability to clear a specific portion of the windshield. The number of wipers necessary to provide the driver with a sufficient field of view is not specified in FMVSS No. 104. Therefore, the number of wipers is immaterial so long as the minimum percentages of critical areas are cleared.

All of the aforementioned vehicles must have a power-driven windshield wiping system that meets specific frequency or speed requirements, e.g., cycles per minute, as identified in the standard. FMVSS No. 104 requires that passenger car windshield wiping systems wipe that specified percentages of the critical windshield areas defined in that standard and SAE Recommended Practice 903a, May 1966. As you will see in copies of the enclosed documents, defining these critical windshield areas is a complex process.

Additionally, FMVSS No. 104 requires that passenger cars, multipurpose passenger vehicles, trucks, and buses have windshield washing systems. A passenger car's windshield washing system in conjunction with its associated wiping system shall clear the critical windshield areas identified above. For multipurpose passenger vehicles, trucks, and buses, the standard states that the critical windshield areas may be specified by the vehicle manufacturer.

The number of windshield wipers required is not specified by this standard.

If the single wiper described in your letter is installed by an alterer prior to first sale, then the alterer must certify that the vehicle continues to comply with all of the safety standards affected by the alteration. If the wiper is installed by a manufacturer, distributor, dealer, or motor vehicle repair business after first sale, the installation must not render inoperative the compliance of the vehicle with any applicable safety standard, including FMVSS No. 104. However, no federal laws or safety standards prohibit an owner of a vehicle from installing the wiper, even if the installation renders inoperative the compliance of the vehicle with any applicable safety standard. Such a modification could, however, be regulated by State law.

I hope you find this information helpful. If you have any further questions, please contact Mr. Dion Casey in my office at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosures
ref:104
d.3/8/01

David Robertson, Manager
Environmental & Safety Engineering
Mazda North American Operations
1500 Enterprise Drive
Allen Park, MI 48101-2053

Dear Mr. Robertson:

This responds to your request for an interpretation of the requirements for heating/air conditioning controls specified in Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. In particular, you asked about the identification requirements that apply to two controls that can be rotated indefinitely to increase or decrease fan speed and temperature inside the vehicle.

Based on your letter, and the presentation of Mr. Masao Fujisaki, Overseas Certification Group, Environmental and Safety Engineering Dept., Mazda Motor Corporation, at a February 7, 2001 meeting with the agency, we understand that the two controls are located on the lowest part of a three-part control panel. The panel consists of the following:

(1) at the top, an integrated digital display,
(2) in the middle, the audio system controls, and
(3) at the bottom, the fan/temperature controls.

The digital display provides information about the audio and fan/temperature systems. Among other things, it shows fan speed and temperature. The digital display shows the fan speed by means of a right angle triangle labeled with the fan control symbol specified in Table 1 of Standard No. 101. The digital display shows temperature by means of a number followed by F, above which is the term "TEMP." We understand that the digital display is capable of providing "at least two levels of brightness."

The fan/temperature controls consist of three round dial controls, placed in a horizontal row. The dial control on the right regulates temperature. The control is labeled at the top half by the ISO symbol for temperature (a thermometer). A plus sign (+) appears to the right of the temperature symbol and a minus sign (-) appears to the left of the temperature symbol. On the lower half of the right control appears the term "AUTO", under which "A/C" appears. The temperature control is turned on (or off) by pushing on the control. A warmer temperature is provided by turning the control to the right (clockwise); a cooler temperature is provided by turning to the left (counter-clockwise).

The middle control consists of two adjoining, independent semi-circle pushbutton controls, which control the heating, cooling and defogging vents in the vehicle. The semi-circle at the top is labeled with the Table 1 symbol for the windshield defrosting and defogging system (by which air is directed towards the windshield), below which the word "Front" appears. The semi-circle at the bottom is labeled with the ISO symbol indicating upper and lower vents towards a passenger, above which the word "Mode" appears. One can tell whether a particular vent is actuated because the control stays pushed down when the vent is actuated. The windshield vent and passenger vents can either be operated independently or together.

The control on the left is the fan control. It is labeled with the fan control symbol specified in Table 1 of Standard No. 101. To the right of the fan symbol is a plus sign and to the right of the fan symbol is a minus sign. Under the fan symbol is the word "OFF." The fan control is actuated by pushing on the control. To make the fan speed faster, the control is turned to the right (clockwise); to make the fan speed slower, the control is turned to the left (counterclockwise).

On each of the three controls, all symbols (including plus and minus signs) and words are illuminated when the headlights are on.

You are interested in how the S5.2.2 requirement that identification be provided for the "extreme positions" of controls that regulate a function over a quantitative range applies to the left and right controls. Because the controls rotate indefinitely, there are no extreme positions, in the traditional sense, that can be marked. However, the driver can know when the extreme positions have been reached by means of a digital display that shows the fan speed and temperature selected. You believe, based on your reading of an interpretation letter we issued on June 8, 2000, that use of a digital display is an acceptable means to identify the "extreme positions" of controls that regulate a function over a quantitative range.

You noted, however, that the digital display in the design at issue is separated from the fan/temperature controls by the audio control portion of the panel. You asked whether this design meets the S5.2.1 requirement that identification of controls be "on or adjacent" to the control.

The issues you have raised are addressed below.

I note that S5.2.1(a) states in part:

[a]ny hand-operated control listed in column 1 of Table 1 that has a symbol designated for it in column 3 of that table shall be identified by either the symbol designated in column 3 ... or the word or abbreviation shown in column 2 of that table. ... Any such control for which column 2 of Table 1 and/or column 3 of Table 1 specifies "Mfr. Option" shall be identified by the manufacturer's choice of a symbol, word or abbreviation, as indicated by that specification in column 2 and/or column 3. The identification shall be placed on or adjacent to the control. (Emphasis added.)

Further, S5.2.2 states in part:

Identification shall be provided for each function of any automatic vehicle speed system control and any heating and air conditioning system control, and for the extreme positions of any such control that regulates a function over a quantitative range. If this identification is not specified in Table 1 or Table 2, it shall be in word or symbol form unless color coding is used. If color coding is used to identify the extreme positions of a temperature control, the hot extreme shall be identified by the color red and the cold extreme by the color blue.

In our June 8, 2000, interpretation letter addressing the use of digital displays to identify the extreme positions of controls that regulate a function over a quantitative range, we stated that it was our opinion that the requirement to identify the extreme positions is met as long as there is a means by which the driver can know when the extreme positions have been reached. However, we did not conclude that the "means by which the driver can know when the extreme positions have been reached" (i.e., the relevant displays) must be on or adjacent to the controls. In fact, your letter is incorrect in assuming, with respect to the system that was the subject of our earlier interpretation, that the relevant displays for both the fan and the temperature control system were located immediately below the digital display. While this is correct for the fan control (the fan was controlled by one of the push button switches), our letter states that the temperature controls (the outer rings around buttons labeled "PUSH A/C") were located away from the row of push button switches.

Standard No. 101 does generally require that identification of controls be on or adjacent to the controls. Otherwise, there would be no logical connection between the identification and the control. This is why we made it clear, for the push button switches we addressed in our June 8, 2000, letter, that there needed to be close proximity between the switches and the images/identification.

For traditional controls that regulate a function over a quantitative range, e.g., dials, levers or buttons that move only within a limited range, it makes obvious sense to require identification of the extreme positions to be located on or adjacent to the controls. This is the logical way for a driver to be able to identify the extreme positions.

However, such a requirement does not necessarily make sense for new kinds of controls that regulate a function over a quantitative range, but do not have extreme positions in the traditional sense. For example, dials that can be rotated indefinitely are sometimes associated with a visual display. In a sense, the control consists of both the dial and the display. While it is obviously important that identification of the dial itself be located on or adjacent to the dial, there is no extreme position (in the traditional sense) to identify. And, whether for the system we addressed in our June 8, 2000, letter or for your system, we see no reason to interpret the standard to require the "means by which the driver can know when the extreme positions have been reached" (i.e., the relevant displays) to be on or adjacent to such dials.

We note, however, that if the relevant displays are separated from the dials, there must be sufficient independent identification for both the dial and the separate display that the driver can understand both items. Our review of your proposed design does not indicate any problem in this area. For example, the dial for the fan control is marked with the fan symbol to indicate function and (+) (-) signs to indicate how fan speed is increased and decreased, and the display for fan speed shows the fan symbol to identify function and a triangle to indicate relative speed.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
ref:101
d.2/28/01

Mr. Anthony Breau
T.M.C. of America
105 110^th Street, Suite 1
Treasure Island, FL 33706

Dear Mr. Breau:

This is in response to your letter of October 19, 2000, asking for this agency's comments on your Mirrorcal Wiper mirror and wiper assembly. I note that your letter does not ask any specific questions as to whether your mirror and wiper assembly complies with Federal standards. Thus, I will give you some general information on the functions of the National Highway Traffic Safety Administration (NHTSA) and the responsibilities of motor vehicle equipment manufacturers.

Congress has authorized NHTSA to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the law establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

The Mirrorcal Wiper assembly may be subject to several NHTSA standards. The first is FMVSS No. 111, Rearview Mirrors (49 CFR '571.111). FMVSS No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehicle. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in FMVSS No. 111.

Please note that since FMVSS No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Under NHTSA's enabling statute, the agency considers the mirror to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to our statute's requirements concerning the recall of products with safety-related defects. 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.

Since it operates off the same air compressor as the vehicle's air brakes, the Mirrorcal Wiper assembly also may affect a vehicle's compliance with FMVSS No. 121, Air Brake Systems (49 CFR 571.121). FMVSS No. 121 specifies performance and equipment requirements for braking systems on trucks, buses, and trailers that are equipped with air brake systems. FMVSS No. 121 does not prohibit the use of air pressure from the brake air supply for wiper assemblies such as the Mirrorcal Wiper assembly, but doing so could affect the vehicle's braking performance and, hence, compliance with the standard.

Finally, since the Mirrorcal Wiper assembly operates off the air compressor, any hoses connected to the assembly could be subject to FMVSS No. 106, Brake Hoses (49 CFR 571.106), if they transmit or contain the brake air pressure used to apply force to a vehicle's brakes, i.e., if a failure of a hose attached to the Mirrorcal Wiper assembly would result in a loss of air pressure in the brake system. If this is the case, the hoses attached to the Mirrorcal Wiper assembly are "brake hoses" and must comply with FMVSS No. 106. However, if a check valve or other device is used to prevent loss of pressure, then the hose would not contain or transmit the brake air pressure and would not be required to comply with FMVSS No. 106.

Note that if the Mirrorcal Wiper assembly is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that the vehicle complies with all applicable FMVSSs, including FMVSS Nos. 111, 121, and 106. If the Mirrorcal Wiper assembly is added to a previously-certified new vehicle, the person so modifying the vehicle would be required to certify that, as modified, the vehicle continues to comply with all FMVSSs.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. ' 30122, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make 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 . . . ." If the installation of your mirror and wiper assembly resulted in a vehicle no longer complying with FMVSS No. 111, 121, or 106, then the manufacturer, distributor, dealer, or motor vehicle repair business that replaced the complying mirror with a noncomplying system would have made inoperative a device (the mirror system, air brakes, or brake hoses) installed in the vehicle in compliance with FMVSS No. 111, 121, or 106. The law permits NHTSA to impose a civil penalty of up to $5,000 for each violation of the make-inoperative provision.

Section 30122 does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors and brake systems. In addition, individual States are responsible for regulating the use of motor vehicles, and a State may have its own requirements with regard to the type of mirrors vehicles must have to be registered in that State.

Finally, since the Mirrorcal Wiper assembly is designed for heavy vehicles, it may be subject to Federal Motor Carrier Safety Administration (FMCSA) regulations. The FMCSA is the agency within the Department of Transportation responsible for safety regulations concerning the operation of heavy trucks and buses in interstate commerce.

I hope you find this information useful. If you have any specific questions as to whether your mirror and wiper assembly meets the requirements of FMVSS No. 111, 121, or 106, please feel free to contact Dion Casey in my office at (202) 366-2992, or the Federal Motor Carrier Safety Administration at (202) 366-2519.

Sincerely,

John Womack
Acting Chief Counsel

Ref:111
d.7/16/01

Monsieur Jean-Yves Le Bouthillier
Standards Manager
Les Entreprises Michel Corbeil Inc.
304 12^th Avenue
Laurentides, Quebec JOR 1C0
CANADA

Dear Monsieur Le Bouthillier:

This responds to your request for an interpretation addressed to Mr. Charles Hott, of the National Highway Traffic Safety Administration (NHTSA), regarding S5.3.1, Head protection zone, of Standard No. 222, School bus passenger seating and crash protection. Our answer is provided below.

You provided three photographs of a school bus interior showing views between the driver's seat and the first row of passenger seats behind the driver's seat. One photograph shows the view from behind the first row of passenger seats toward the front of the bus. In this photograph is depicted a small partition that is attached to the left side of the school bus between the driver's seat and the first row of passenger seats. The partition appears to extend only partially over the driver's seat. No measurements are provided for this partition. Two photographs show a side view of the driver's seat, to the school bus interior roof. There appears to be a storage area covered by a door on the left wall of the bus above the driver's seat.

On one photograph are placed two white squares (obscuring the driver's storage area) that apparently show where in the bus it is 58 1/4 inches (1479.5 mm) to the floor and 40 inches (1016 mm) "over the seating reference point" and where it is 30 inches (762 mm) "in front of the seating reference point." We will assume that these measurements are in relation to the seating reference point of the first row of passenger seats. The other photograph shows what the interior actually looks like (i.e., does not include the obscuring white squares). You wish to know whether the closed driver's storage area and the side partition must meet S5.3.1 of Standard

No. 222. Based on the available information, the answer is yes.

S5.3.1 of Standard No. 222 states, in relevant part: "Any contactable surface of the vehicle within any zone specified in S5.3.1.1 shall meet the requirements of S5.3.1.3. . . ." ⁽¹⁾

S5.3.1.1 states that the head protection zones in each vehicle are "the spaces in front of each school bus passenger seat which are not occupied by bus sidewall, window, or door structure and which, in relation to that seat and its seating reference point, are enclosed by the following planes;"

(a) Horizontal planes 305 mm and 1016 mm above the seating reference point:

(b) A vertical longitudinal plane tangent to the inboard (aisle side) edge of the seat;

(c) A vertical longitudinal plane 83 mm inboard of the outboard edge of the seat;

(d) Vertical transverse planes through and 762 mm forward of the reference point.

The issue you raise is whether the storage area and side partition are considered "bus sidewall" and thus excluded under S5.3.1.1. The storage area does not qualify for the exclusion. The closed storage area over the driver's seat is an overhead projection from the bus interior. NHTSA's longstanding position has been that "[t]he roof structure and overhead projections from the interior are included in [the head protection] area of the zone." (Final rule; response to petitions for reconsideration; 41 FR 28506, 28507; July 12, 1976; emphasis added.) Accordingly, we consider the storage area as not per se excluded. If the driver's storage area is located within horizontal planes 305 mm and 1016 mm above the seating reference point of the first row of passenger seats, the storage door must meet S5.3.1.2 and S5.3.1.3 of Standard No. 222.

In addition, we do not consider the partition between the driver's seat and first row of passenger seats to be "bus sidewall." In a letter of April 28, 1978 to Wayne Corporation (copy enclosed), NHTSA interpreted "sidewall" to include "those surfaces that run parallel to the outboard edge of the forward facing seat." Based on your photographs, the partition appears to be perpendicular to the outboard edge of the forward facing seat. The partition also appears to be completely in the head protection zone, in which case, all surface areas of the partition (including the side of the partition facing the driver's seat) must meet S5.3.1.2 and S5.3.1.3.

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

Sincerely,

John Womack
Acting Chief Counsel

ref:222
d.8/2/01

1. ¹ "Contactable surface" is defined in S4 of Standard No. 222 as "any surface within the zone specified in S5.3.1.1 that is contactable from any direction by the test device described in S6.6, except any surface on the front of a seat back or restraining barrier 76 mm or more below the top of the seat back or restraining barrier."

Mr. Paul DeStefano
Optical Engineering Supervisor
Valeo Sylvania L.L.C.
1231 'A' Avenue North
Seymour, IN 47274

Dear Mr. DeStefano:

This is in reply to your letter of October 15, 2000, asking for an interpretation of S7.5(g) of Federal Motor Vehicle Safety Standard No. 108.

Paragraph S7.5(g) requires in pertinent part that the lens of a replaceable bulb headlamp be marked with the bulb marking designation provided in compliance with 49 CFR Part 564. In the hypothetical you present, the same headlamp lens would be used for two similar headlamp systems. The lower beam of one system would include a type H7 halogen bulb. The other system's lower beam includes a high intensity discharge (HID) D2S light source. You would like to mark the lens in front of the lower beam with both "H7" and "D2S," either one positioned above the other, or side by side. In a third variant, the marking could read "H7 or D2S." You state that it would not be possible to interchange the H7 and D2S light sources due to the different mechanical designs and electrical connections. You ask that we concur in your belief that this dual marking satisfies the intent of Standard No. 108.

We cannot concur. The lens marking must indicate only the light source that is behind the lens. The purpose of the marking is to ensure that there is a proper replacement for the light source if required. The aftermarket has begun to offer equipment that can convert filament lamps into HID lamps. This results in significant increases in intensity to the extent that the headlamps may no longer comply with the maximum candela restrictions of Standard No. 108. Dual marking of the lens could be interpreted as countenancing the replacement of an H7 filament type light source with a D2S HID type light source. In addition, local law enforcement officers are aware of the importance of complying lighting equipment to safety in their jurisdictions, and depend upon unambiguous lens marking to assist them in enforcing local lighting laws.

If you have any questions, you may phone Taylor Vinson of this office (202-366-5263).

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:108
d.1/19/01

Mr. Takashi Yoshie
General Manager
Toyota Technical Center, USA, Inc.
1850 M Street, NW
Washington, DC 20036

Dear Mr. Yoshie:

This is in response to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Passenger Car Brake Systems. Specifically, you state that you believe that S7.11, Brake Power Unit or Brake Power Assist Unit Inoperative (System Depleted), of Standard No. 135 does not require a human test driver to apply the brake during the test, and that a brake testing unit may be used by vehicle manufacturers for in-house testing and by NHTSA for compliance testing. The issues you raise are addressed below.

By way of background information, the National Traffic and Motor Vehicle Safety Act (49 U.S.C. Chapter 301) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to new motor vehicles and 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.

We expect manufacturers to have some basis for their certification that a product complies with all applicable safety standards. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Under current law, certifications may be based on, among other things, engineering analyses, actual testing, or computer simulations. Whatever the basis for certification, however, the manufacturer must certify that the product complies with a standard as it is written; i.e., that the vehicle will pass all applicable requirements if it is tested according to the standard's test conditions and other specifications.

Standard No. 135 specifies requirements for service and parking brake systems in order to ensure safe braking performance under normal and emergency driving conditions. It applies to passenger cars manufactured for sale in the United States on or after September 1, 2000, and to multi-purpose passenger vehicles, trucks, and buses with a gross vehicle weight rating (GVWR) of 3,500 kilograms (7,716 pounds) or less manufactured on or after September 1, 2002. The test procedures for vehicles equipped with one or more brake power units or brake power assist units

are set forth in S7.11 of the standard. These procedures specify that the load applied to the brakes is less than or equal to 500 N (112.4 pounds).

You state that Toyota has observed large testing variability between test drivers with respect to the load that is applied during the S7.11 test. To reduce this variability, Toyota has developed a brake testing unit (BTU) that applies a pre-determined load onto the brake pedal to allow for consistent and repeatable brake applications. You state that for purposes of the test specified in S7.11, the BTU can be programmed to apply a load of, for example, 490 N to ensure that the 500 N limit is not exceeded. You believe that the use of a BTU complies with the test procedures set forth in S7.11 of Standard No. 135.

You are correct that Standard No. 135 does not specify that a human test driver be used to apply the brake during the S7.11 test. I note, however, that NHTSA does not currently have any plans to use a BTU in conducting compliance tests.

If you have any further questions regarding this matter, please contact Mr. Dion Casey in my office at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
ref:135
d.3/8/01

Mr. J. R. Butcher
President
Portableacher Corp.
P.O. Box 402540
Hesperia, CA 92340

Dear Mr. Butcher:

This is in reply to your letter of October 23, 2000, asking for an "interpretation" regarding your product, "portableachers." You state that you "first got a determination on Portableachers about 24 years ago." You relate that at that time they were classified in the same category as a 'farm wagon.' You now would like "an up-to-date interpretation."

Jack Risin of your company informed Taylor Vinson of this office by e-mail that you do not have a copy of the earlier interpretation. We presume that it was an interpretation issued by this office but we, too, have been unable to find a copy after searching all relevant interpretations from the 1970s on file in this Office. For this reason, we cannot presently confirm that Portableachers are in the same category as farm wagons; i.e., that they are not "motor vehicles" subject to the regulations of this agency.

Your product appears to be a trailer which carries seats that erect into a grandstand for spectators. Your product literature states that the product has been used by "Cities, Universities, Parks and Recreation Departments, Government Bases, Circus companies, and Rental Dealers." This description is insufficient for us to judge whether your trailer has or has not been "manufactured primarily for use on the public streets, roads, and highways," which is the definition of a "motor vehicle." See 49 U.S.C. 30102(a)(6). Although it seems evident to us that Portableachers are towed over the public roads for erection and use on sites that are off the public roads, we do not know the frequency with which Portableacher trailers are moved from site to site.

In instances where the agency is asked whether a vehicle is a motor vehicle when it has both off-road and on-road operating capabilities, and about which we have little or no information about the extent of the vehicle's on-road use, the agency has applied five factors in offering its advice. These factors are:

1. Whether the vehicle will be advertised for use on-road as well as off-road, or whether it will be advertised exclusively for off-road use.

2. Whether the vehicle's manufacturer or dealers will assist vehicle purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use.

3. Whether the vehicle is or will be sold by dealers also selling vehicles that are classified as on-road vehicles.

4. Whether the vehicle has or will have affixed to it a warning label stating that the vehicle is not intended for use on the public roads.

5. Whether states or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.

If you wish to provide us with answers to these questions, we will be glad to advise you further.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:571
d.1/22/00