ID: nht94-2.64

TYPE: INTERPRETATION-NHTSA

DATE: May 2, 1994

FROM: Paul L. Anderson -- President, Van-Con Inc.

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: Re: Items Applicable To Type A-1 School Buses Under 10,000 Lbs. Gross Vehicle Weight In New 217 FMVSS.

ATTACHMT: Attached To Letter Dated 5/18/94 From John Womack To Paul Anderson (A42; Std. 217)

TEXT: Dear Mr. Womack:

Please advis us of the items applicable to Small School Buses, Sixteen & Twenty Passenger, less than 10,000 lbs. Gross Vehicle Weight pertinent to the new 217 FMVSS.

We were told earlier by Mr. Charles Hott that the reflective marking tape outlining Rear Emergency Doors was not required on Type A-1 School Buses.

Please tell us if Type A-1 School Buses need the following items:

1. Roof Hatches ? 2. Push Out Windows on each side ? 3. Reflective Marking Tape around Emergency Rear Doors ?

We received a notice today that the new standard 217 will not become effective until September 1, 1994 and that it only applys to School Buses with capacity of 24 to 90 passengers.

Very truly yours,

ID: nht94-2.65

TYPE: Interpretation-NHTSA

DATE: May 3, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Peter Drymalski -- Investigator, Montgomery County Government, Office of Consumer Affairs

TITLE: None

ATTACHMT: Attached to letter dated 3/1/93 from Peter Drymalski to John Womack (OCC-8371)

TEXT:

This responds to your letter and telephone conversations with David Elias, formerly of this office, asking about a situation you term as the "cannibalization" of new, unsold vehicles. I apologize for the delay in our response.

The situation involves motor vehicle dealers who remove equipment (e.g., a power steering pump) from new vehicles to repair or replace malfunctioning equipment on previously-sold vehicles. The new vehicles are "cannibalized" to expedite repairs when rep lacement equipment for the repair is temporarily unavailable. The new vehicles have their cannibalized equipment replaced when the parts become available, before the vehicles are sold.

You ask whether the National Highway Traffic Safety Administration (NHTSA) permits dealers to cannibalize parts. As explained below, the answer is yes, provided that certain requirements are met.

By way of background, the National Traffic and Motor Vehicle Safety Act ("Safety Act") authorizes NHTSA to issue Federal motor vehicle safety standards ("FMVSS's) applicable to new motor vehicles and items of motor vehicle equipment. Section 108(a)(1)(A ) of the Safety Act prohibits any person from manufacturing or selling a new vehicle manufactured on or after the effective date of any applicable FMVSS that does not comply with each of those standards. Under S114 of the Safety Act, each motor vehicle must be certified as conforming to the FMVSS's. NHTSA's certification regulations (49 CFR Part 567) require any person altering (i.e., performing extensive manufacturing operations on) a certified vehicle before the first purchase of the vehicle by the consumer to certify that the vehicle, as altered, conforms to all applicable standards affected by the alteration. 49 CFR S567.7. However, persons altering a certified vehicle only by the addition, substitution, or removal of "readily attachable compone nts" (e.g., mirrors or tires and rim assemblies) or by performing minor finishing operations (e.g., painting), are not considered alterers, and need not re- certify the vehicle.

Whether modifications involve "readily attachable" components depends on the intricacy of the installation of those components. "Simple tools, a relatively short installation time, and the ability to install the device without extensively modifying the vehicle would all be factors pointing to a decision that a component is readily attachable." NHTSA letter to Fred Cords, March 4, 1975. Applying these considerations to the situation you present, we conclude that a power steering pump is a readily atta chable component.

A power steering pump can be installed with extraordinary ease. The pump can be replaced on the dealer's lot in minutes, simply by opening the hood and popping the old pump out and inserting the new one, with no need to use special tools or have special expertise. The pump can be replaced without extensively modifying the vehicle in any manner.

Since the power steering pump is a readily attachable component, the dealer described in your letter is not an alterer under S567.7. The dealer can "cannibalize" the new unsold cars for power steering pumps and install new pumps when they arrive without applying its own new certification label.

I emphasize that a dealer would not be considered an alterer only in the narrow circumstances in which the component being "cannibalized" is readily attachable. If the component is not readily attachable, the dealer could "cannibalize" the new cars and later repair and sell them if the following requirements are met. First, the dealer would be responsible under S108(a)(1)(A) of the Safety Act for ensuring that each new vehicle it sells complies with the applicable FMVSS's. Thus, the new vehicle must comply with the FMVSS's. Second, the dealer would be responsible, as an "alterer," for certifying the new vehicles from which it removed and replaced the equipment. The dealer would be an alterer since the work performed would be more extensive than "t he addition, substitution, or removal of readily attachable components" or the "minor finishing operations" described in S567.7. The dealer would certify the vehicle by allowing the original certification label of the type and form specified in S567.7.

In all cases, including where the dealer is replacing a readily attachable component, the dealer must also adhere to S108(a)(2)(A) of the Safety Act, which provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an appli cable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used... during the time such device or element of design is rendered ino perative.

The effect of S108(a)(2)(A) is to limit the modifications that a dealer may make to a new or used vehicle. If, in making the temporary repair affecting a new vehicle, the dealer "renders inoperative" a device or design installed on the new vehicle pursu ant to an FMVSS, the dealer must return the vehicle to compliance before the new vehicle can be sold to the public, or even test-driven by a member of the public.

Section 108(a)(2)(A) also applies to the used vehicles into which the cannibalized equipment is installed. The dealer must ensure that it does not violate the Safety Act by "rendering inoperative" equipment or designs on the vehicles in the process of r epairing them.

I hope this information has been helpful. If you have any further questions, please contact Deirdre Fujita of my staff at this address or

by phone at (202) 366-2992.

ID: nht94-2.66

TYPE: Interpretation-NHTSA

DATE: May 4, 1994

FROM: Richard Kreutziger -- Executive Director, New York State Distributors Ass'n. (OCC-9945)

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5/18/94 from John Womack to Richard Kreutziger (A42; Std. 217)

TEXT:

I have today received the preliminary data from one of the members of NYSBDA the following "fax".

As noted in the preliminary data of FMVSS 217 - there are a number of bus body distributors. As also noted these are small business operations and many, many things affect their ability to carry on a successful company profitable operation. Among the " things" is keeping current with the "school bus regulations". In the process of their daily business - the sales and pricing of their vehicles to comply with the requirements of state and federal regulations and standards is very important. I hope you are readily able to realize the point I am trying to make. Quick changes can be very detrimental to that profit factor as well as the individual position of accountability to, not only their customers - but to themselves.

As you can readily view from the following "fax" there are certain "conditions" that are acceptable to the manufacturer.

We have a special position here in New York State - in that the state regulations exceed the minimum 217 requirements (except for placement of left side emergency door). NYS requires added emergency exits, such as push-out windows and roof hatches based upon capacity of the vehicle.

The distributors now are faced here in New York State with a very large unknown factor. To meet the state regulations - for door (L/S/E/D) placement - with folding seat cushion - longer body length - aisle dimension factor at L/S/E/D. Anything that you can furnish and supply to me in a timely fashion - to help my association membership will be greatly appreciated.

Attachment

CARPENTER MANUFACTURING, INC.

BULLETIN NO. 94 - 34 May 3, 1994

TO: All Carpenter Distributors

SUBJECT: EMERGENCY EXIT - DELAYED EFFECTIVE DATE

NHTSA has postponed enactment of certain parts of FMVSS 217 relative to emergency exits; this change was to have taken effect on May 2, 1994. We were notified by fax on May 2nd that the effective date of the "additional emergency exit" requirement "has been delayed until September 1, 1994."

Carpenter will allow its distributors to omit certain options on orders currently in-house at no change order fee, provided the following conditions are met:

1. Order is not on schedule or started at time of receipt of change order; 2. Change order must be received by Friday, 5/13/94; 3. Only options on list below can be deleted or changed; 4. No pre-built orders can be changed; 5. Body length change will require cancellation of current order and resubmission of new order at current pricing.

Approved option deletions are:

1. Side emergency door and related components; 2. Flip seats and 4-logged seats; 3. Heater plumbing and routing; 4. Roof hatches and push-out sash not required by state specs.

Please note that the rear door hold-open device and reflective striping around the rear door opening will still be required and cannot be deleted.

You must keep in mind that orders are being schedule constantly; therefore, it is important to get any change order faxed as soon as possible. You will be notified by Martin Miller as to whether or not your change order can be accepted.

You may cover more than one body order on each change order, but all bodies on a given change order must have identical changes.

Todd Bontrager Asst. Vice President of Sales School Bus Division

ID: nht94-2.67

TYPE: Interpretation-NHTSA

DATE: May 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Tilman Spingler -- Robert Bosch GmbH

TITLE: None

ATTACHMT: Attached to letter dated 3/25/94 from Tilman Spingler to John Womack (OCC-9889)

TEXT:

This responds to your letter of March 25, 1994, asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to integral beam headlighting systems.

You reference a letter of this office to Toyota in which we permit location of the light source control module outside the headlamp housing but permanently attached to it by a cable. You have asked whether there are "requirements for this cable concerni ng indivisibility and integration...."

There are no such requirements for the cable in Standard No. 108, and the headlamp manufacturer may adopt the construction that it has determined is most suitable for its design.

ID: nht94-2.68

TYPE: Interpretation-NHTSA

DATE: May 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Randolph Schwarz

TITLE: None

ATTACHMT: Attached to letter dated 9/30/93 Est. from Randolph Schwarz to John Messera (OCC-9211)

TEXT:

This responds to your letter to Mr. John Messera of NHTSA, requesting an interpretation of Federal Motor Vehicle Safety Standard No. 116; Motor vehicle brake fluids. Your letter has been referred to my office for a response. As a consumer retrofitting your vehicle with DOT 5 brake fluid, you had several questions concerning the possible effects that an ingredient in the brake fluid might have on elastomers used in brake systems. Your questions are answered below.

You described "seal swelling additives" added to DOT 5 brake fluid, that contact various elastomers in the brake system. Your first question was, when brake fluid manufacturers combine additives with brake fluid, should consumers be concerned with the c ombined fluids' compatibility with various elastomers used in braking systems?

Standard No. 116 defines, at S4. Definitions, brake fluid as a liquid designed for use in a motor vehicle hydraulic brake system where it will contact elastomeric components made of: styrene and butadiene rubber (SBR); ethylene and propylene rubber (EPR) ; polychlorophene (CR) brake hose inner tube stock; or natural rubber (NR). In order to minimize failures in hydraulic braking systems, Standard No. 116 specifies minimum performance standards for brake fluids. These performance standards include tests for styrene and butadiene rubber cups,the most common type of elastomer in a hydraulic brake system. The brake fluid manufacturer must certify that the brake fluid complies with Standard No. 116. (See S5.2.2(d).)

While DOT 5 brake fluid must meet Standard No. 116, the specific ingredients in the fluid are not regulated by the standard. However, in addition to compliance with Standard No. 116, brake fluid manufacturers must ensure that the fluid is free of safety -related defects under the National Traffic and Motor Vehicle Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that the brake fluid manufacturer or NHTSA determines that the brake fluid contains a safety related defect, the brake fluid manufacturer would be responsible for notifying purchasers of the defective brake fluid and remedying the problem free of charge.

In your letter, you stated that you are retrofitting a vehicle with DOT 5 brake fluid. If your vehicle contained a brake fluid other than DOT 5 in its brake system, we recommend that the old fluid be flushed completely out of the brake system, before be ing replaced with DOT 5. This is necessary to ensure that the DOT 5 brake fluid does not mix with any other brake fluid type.

Your second question was whether DOT 5 brake fluid's compliance with

Standard No. 116 ensures compatibility with elastomers. The answer is yes, for SBR elastomers. Further, besides Standard No. 116, the brake fluid manufacturer is subject to sections 151-159 of the Safety Act, that were previously discussed. At this ti me, NHTSA is not aware of safety related defects resulting from other ingredients used with brake fluid.

Your third question was whether Standard No. 116 only addresses SBR compatibility with brake fluid. Standard No. 116, at S4, addresses brake fluid that contacts four elastomer types. However, the tests specified in the standard are only of the most com monly used SBR cups.

Your fourth question was, if Standard No. 116 only mentions SBR elastomer, would it be advisable to add other elastomers to the specification, or to discuss elastomer compatibility on the brake fluid container?

Information discussing the elastomer compatibility of the brake fluid, or other ingredients, may be voluntarily placed on brake fluid containers. Standard No. 116 specifies information that brake fluid containers must carry. However, Standard No. 116 do es not prohibit manufacturers from noting on brake fluid containers, compatibility of the silicone brake fluid, or other ingredients, with various elastomers.

Finally, you asked what Standard No. 116 specifies as the maximum viscosity for DOT 5 brake fluid, at -40 degrees Fahrenheit. Standard No. 116 specifies, at S5.1.3 (o), that the maximum viscosity is 900 centistokes (cSt).

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

ID: nht94-2.69

TYPE: INTERPRETATION-NHTSA

DATE: May 5, 1994

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

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

TITLE: None

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

TEXT: Dear Taylor

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

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

Thank you for your assistance

ID: nht94-2.7

TYPE: Interpretation-NHTSA

DATE: March 29, 1994

FROM: Michael E. Klima -- Managing Engineer, Failure Analysis Associates, Inc.

TO: Edward Jettner -- Safety Standards Engineer, Office of Rulemaking, NHTSA

TITLE: FMVSS 208 Compliance for 1988 Pickup Trucks

ATTACHMT: Attached to letter dated 4/26/94 from John Womack to Michael E. Klima (A42; Std. 208)

TEXT:

Thank you in advance for your time and effort in responding to the following questions relating to the application of the dynamic requirements of FMVSS 208 to pickup trucks. The pickup truck in questions has a production date of April, 1988 and a GVWR o f 4,400 pounds.

Specifically, does the S6 'Injury Criteria' requirements of 49 CFR 571.208, that includes the Head Injury Criteria (HIC), apply to this 1988 model pickup truck equipped with a Type 2 lap and shoulder belt protection system for the front outboard seating positions and complies with S7.1, S7.2, and S7.3?

Secondly, is a 35 mph fixed barrier crash test required for this 1988 model pickup truck to comply with all applicable portions of 49 CFR 571.208?

Finally, do all of the requirements listed in the 49 CFR 571.208 Standard apply to this truck? If not, which portions of 49 CFR 571.208 Standard apply to this truck? Is this truck in compliance with the 49 CFR 571.208 Standard if it meets or exceeds th e portions that you have identified?

I would appreciate your timely written response with regard to this matter. For your convenience a copy of the standard is enclosed. Again, thank you for your time and effort. Please contact me at (810) 649-3775 if you have any questions.

ID: nht94-2.70

TYPE: INTERPRETATION-NHTSA

DATE: May 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Luis Carricaburu -- South Steering Specialists

TITLE: None

ATTACHMT: Attached To Letter dated 1/1/94 EST From Luis Carricaburu to Mary Versailles (OCC-9613)

TEXT: Dear Mr. Carricaburu:

This responds to your letter asking whether it is legal to buy or sell a salvaged air bag which would be used to repair an automobile with a deployed air bag. Your letter explained that the salvaged air bag would be taken from an automobile sent to a re cycling yard with its air bag intact.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January, 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explain ed in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with an air bag that is inoperable because of a previous deployment. Howev er, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or re pair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

Your letter asks the additional question of whether, if a deployed air bag is replaced, Federal law prohibits use of a salvaged air bag as the replacement air bag. The answer to your question is no. As explained in the enclosed letters, the Safety Act does not require a manufacturer, distributor, dealer, or repair business to return a vehicle to compliance with a standard if a device or element of design has been "rendered inoperative" by another agent, such as a crash. Thus, Federal law does not reg ulate the manner in which a deployed air bag is replaced. However, state law may regulate the manner in which a deployed air bag is replaced.

I would like to emphasize that in order for a replacement air bag to provide protection to vehicle occupants, it is essential that the replacement be properly completed. For example, the entire air bag must be replaced, including such things as the cras h

2

sensors, the inflation mechanism, and other electronic parts. Moreover, since air bags are designed for specific vehicles, taking into consideration such factors as the seats, steering column crush stroke force resistance, gauge array and location on in strument panel, location and nature of knee bolsters, and compartment acceleration responses in frontal crashes, only air bags which are designed for the vehicle in question should be used. After the air bags are replaced, it is important that the air b ag readiness indicator be in good working order to alert the occupants of any future malfunction of the air bag system.

While great care must be taken in any air bag replacement, the use of a salvaged air bag raises additional safety issues. An air bag may have been rendered inoperable, for example, by damage in a low-speed crash, even if it has not been deployed. We wo uld urge you to contact the vehicle or air bag manufacturer to determine whether and how a salvaged air bag could be inspected and/or tested to ensure that it is fully operable.

Finally, you may wish to consult a private attorney concerning the state law implications of using salvaged air bags for repairing automobiles, including possible tort liability.

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.

Sincerely,

Enclosures

ID: nht94-2.71

TYPE: Interpretation-NHTSA

DATE: May 6, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jeffrey D. Shetler -- Manager of Government Relations, Kawasaki Motors Corp. U.S.A.

TITLE: None

ATTACHMT: Attached to letter dated 2/7/94 from Jeffrey D. Shetler to the Associate Administrator for Enforcement, NHTSA (OCC-9697)

TEXT:

This is in reply to your letter of February 7, 1994, to the Associate Administrator for Enforcement requesting an interpretation of Federal Motor Vehicle Safety Standard No. 108. So that we may serve you better in the future, please note that the Office of Chief Counsel is the one to which requests for interpretations should be addressed.

You have asked whether the "proposed application of a projector beam headlamp to a motorcycle" will meet the requirements of Standard No. 108. In this headlamp "the projector beam (lower beam) is located on the left side and the high beam is on the right side." You continue by saying that "the outer lens of the headlamp assembly is symmetrically positioned about the vertical centerline," and you ask whether the headlamp complies with the requirements of Table IV of Standard No. 108.

Table III of Standard No. 108 requires a motorcycle to have at least one headlamp. Table IV requires the headlamp to be located "on the vertical centerline, except that if two are used they shall be symmetrically disposed about the vertical centerline." The device you describe contains the upper and lower beams in one housing and hence is a single headlamp. Although your projector beam headlamp would be mounted literally on the vertical centerline, the beams provided by the headlamp are located on eit her side of the centerline and are therefore asymmetrical in relation to the centerline of the motorcycle when either beam is activated. A redesign of the lamp so that its vertical centerline becomes its horizontal centerline and Line A becomes the vert ical centerline would be a configuration that meets Table IV since both beams of the single headlamp would then be located on the vertical centerline. SAE J584 does not specify the location of one beam in relation to the other for dual beam motorcycle h eadlamps, i.e., whether one beam is to be mounted above or below the other.

Your second question concerns an interpretation of S5.1.1.23. This paragraph provides an alternative for motorcycles to the headlamps specified by Table III, and allows a motorcycle to be equipped with "one half of any headlighting system specified in S 7 which provides both a full upper beam and full lower beam, and where more than one lamp must be used, the lamps shall be mounted vertically, with the lower beam as high as practicable." You have asked whether this means that your proposed headlamp "sh all be mounted on the upper half and the high beam shall be on the lower half when using one half of any headlighting system specified in S7," or "is our proposed layout in the attachment acceptable?"

As I have explained, your proposed layout in the attachment is not acceptable under Table IV without reorientation. The headlighting systems specified in S7 are those intended for four-wheeled motor vehicles (other than trailers). As we understand it, your proposed headlamp has been developed as a headlamp system for motorcycles and not as half of a headlamp system for vehicles other than motorcycles. Because motorcycle photometrics differ from those for vehicle other than motorcycles, your proposed headlamp could not be half of a system specified in S7 which may be used on motorcycles as an alternative to the headlamps specified by Table III.

ID: nht94-2.72

TYPE: INTERPRETATION-NHTSA

DATE: May 6, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ilmars Ozols

TITLE: None

ATTACHMT: Attached To Letter Dated 2/8/94 From Ilmars Ozols To John Womack (OCC-9663)

TEXT: Dear Mr. Ozols:

This responds to your February 8, 1994, letter asking about how this agency's regulations might apply to your product, the Serv-o-tray. I am pleased to have this opportunity to explain our regulations.

It appears from the enclosed technical description and photograph that the Serve-o-tray is a folding adjustable table designed to mount between the driver and passenger seats of a vehicle, and hold food, drinks, etc. As depicted, the Serv-o-tray is secu red to the center console with an adhesive pad. The table is mounted on a swiveling, articulated, lockable arm that is composed of two horizontal and two vertical tubular support members. The Serv-o-tray is made of injection molded plastic and is capab le of supporting up to 20 pounds, including a laptop computer. You explain that your product is intended to be used while the vehicle is stationary or moving.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the N ational Traffic and Motor Vehicle Safety Act (the "Safety Act") defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We de termine a product's expected use by considering product advertising, product labeling, and the type of store that

2

retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the Serv-o-tray, it appears that this product would be an accessory and thus an item of motor vehicle equipment. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Serv- o-tray relates to motor vehicle operation, by allowing the occupants to eat while operating the car. Also, it appears that the product would typically be used by ordinary users of motor vehicles.

While the Serv-o-tray is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufact urer 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 you or NHTSA determines that the product contains a safety related de fect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

This agency is very concerned about the safety implications of the Serv-o-tray, especially if it is swiveled in front of the occupants in an air bag-equipped vehicle. Under the provisions of FMVSS No. 208, "Occupant Crash Protection," all new cars-and t rucks must be equipped with a driver side and passenger side air bag by September 1, 1998. Manufacturers are already producing ever increasing numbers of air bag-equipped cars and trucks. The enclosed document entitled "Sudden Impact" describes the spe ed with which an air bag deploys. Should the Serv-o-tray be installed in an air bag-equipped vehicle, the occupants could be at risk of injury or death from the interaction of the deploying air bag and the Serv-o-tray or its contents. To protect the occ upant, this agency will require that every new vehicle with an air bag be provided with a caution label that states, among other things, "TO AVOID SERIOUS INJURY . . . Do not place any objects over the air bag or between the air bag and yourself." As you can see, the installation of a Serv-o-tray could be contrary to this warning.

There are other potential safety problems associated with the Serv-o-tray. Even without being propelled by an air bag, the Serv-o-tray or its contents could impact the occupant's head,

3

abdomen or lower extremities during a collision. It also seems possible that the Serv-o-tray could interfere with the driver's use of the vehicle's transmission shift lever in an emergency situation. We ask that you consider these and all possible safe ty impacts of the Serv-o-tray.

If the Serv-o-tray were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the Serv-o-tray installed, complies with all FMVSS's. Among the FMVSS's that might be affected by th e Serv-o-tray installation are Standard No. 201, "Occupant Protection in Interior Impact" (copy enclosed), and Standard No. 208.

A commercial business that installs the Serv-o-tray would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397 (a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicl e safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your product if the Serv-o-tray renders inoperative the vehicle's compliance with the FMVSS's. For instance, installing the Serv-o-tray in front of th e driver or passenger could degrade the performance of an air bag or the seat belts in the vehicle. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Serv-o-tray in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual St ates have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your product would be permitted.

4

I hope this information is helpful. I have enclosed a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992.

Sincerely

Enclosure