ID: nht94-3.55

TYPE: INTERPRETATION-NHTSA

DATE: July 5, 1994

FROM: Lawrence Farhat -- President/CEO, Neon Riders of America, Inc.

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 8/9/94 from John Womack to Lawrence Farhat (VSA 108(a)(2)(A))

TEXT: Dear Mr. Womack:

My name is Lawrence Farhat, President/CEO of NEON RIDERS of America, Inc., Jacksonville, Florida. Please accept this as an official written inquiry, regarding under-carriage neon lights, which we have been manufacturing and shipping, both nationally and internationally, for approximately three years.

Unfortunately, there has been some confusion, on a state by state level, as to the acceptability and/or legality of the under-carriage neon lights. There are a very few local and state officers that have issued citations for "improper lighting." To the best of our knowledge, when fought in court, these citations have been dismissed by the judge.

We offer 10 colors in our product line: purple, pink, green, aqua, orange, tangerine, yellow, white, red and blue. It has been deemed by the State of Florida, that displaying red or blue lights, even under the vehicle and concealed, to be illegal when v isible from the front. Granted, this is a gray area of the law, since most all police and rescue vehicles have blue and red lights. However, police and rescue/emergency vehicles display their lights mounted on top of the vehicle, always flashing and ve ry visible. Our product is mounted under the vehicle, and is concealed to the point where you cannot see the neon light bulb itself. Instead, all you see is the reflection of the light onto the ground. Please see the enclosed photograph, which shows e xactly what the lights look like when installed. There are four tubes, (front, rear and both sides), giving the vehicle the appearance of floating on a cloud of light! Hopefully, you have already seen at least one vehicle with these neon lights under it . Neon light ground effects are considered an accessory to all motor vehicle (cars, trucks, vans, tractor-trailers, motorcycles, boats, ATV's, snowmobiles, and even bicycles). These lights not only serve an aesthetic value, but also, and most important ly, as a safety feature. It is obvious that these neon lights are an innocuous accessory, when installed

2

correctly, under the vehicle.

The Jacksonville Sheriff's office has installed blue neon on all of the motorcycles in the department, and their reports have been very, very favorable. A contact name and phone number is available at your request. The New Orleans Police Department, as well as several other city police departments, are also interested in putting neon on their vehicles for safety purposes.

We do not feel that our product falls under the description in your Section 108. Neon is not a poisonous gas, nor can it explode . . . this is a fallacy. We consider our manufacturing process to be THE HIGHEST in the industry for quality and safety. I have enclosed a cut-away section of a tube for your inspection. This will give you an idea of how the tubes are assembled, and how well protected the neon bulb itself is. The tube fits inside a metal shield to conceal the tube from direct visual contact . The neon operates off any 12v battery system, with a transformer that produces 9000v, secondary for neon. This transformer, which is about the size of a beeper, has it's own safety factor built into each unit, causing it to automatically shut off if i t detects any problems. Every tube that we distribute is quality control tested prior to shipping.

Please inquire with your colleagues as to the validity of our existance as a Florida Corp., manufacturing and distributing these neon light ground effects within the continental United States and abroad. I am looking forward to your response. If you ha ve any questions, or you need any additional information or technical data regarding the lights, please do not hesitate to contact me at the toll-free number printed below.

Thank you in advance for your time and consideration.

LF/klp

ID: nht94-3.56

TYPE: Interpretation-NHTSA

DATE: July 5, 1994

FROM: Sally O'Cordan -- Legal Assistant, Ashley, Hannula & Halom

TO: Office of Chief Council, NHTSA

TITLE: Travel Trailer Standards

ATTACHMT: Attached to letter dated 8/26/94 from John Womack to Sally O'Cordan (A42; Std. 205)

TEXT:

We are investigating an accident where an individual was severely injured by the glass of a travel trailer.

Does your office have any federal motor vehicle safety standards regarding the type of glass used in travel trailer windows? If not, do you know of any place where these might be regulated? Any information you can provide to us will be appreciated.

If you have any questions, please feel free to call me at 1-800-477-7056.

ID: nht94-3.57

TYPE: Interpretation-NHTSA

DATE: July 5, 1994

FROM: Barbara Pietra -- Dabble, Inc. (Los Angeles, CA)

TO: John Womack -- Chief Counsel, Office of National Highway Traffic Safety Administration

TITLE: None

ATTACHMT: Attached to letter dated 8/26/94 from John Womack to Barbara Pietra (A42; Std. 213)

TEXT:

Several months ago I spoke with you about the Cair Bag I was developing. This product is designed to be used by children in an automobile (or airplane) who have outgrown their child restraint system (car seat or booster seat). This product allows a chi ld to rest or sleep more comfortably, keeping their seat belt positioned properly.

In the course of consideration of this product the legal department of Toyota USA has asked me to obtain a letter from you stating that the Cair Bag is not a child restraint system as described in FMVSS No. 213. I spoke with Dee Fujita, Esq. and Susan S tack last Friday, who referred me to you.

In the course of the development of this product I spoke to Patricia Breslin, Veronica Ferguson, Carolyn Jeeter of NHTSA, Cheryl Neverman, Susan Stack and Paul Snodgrass of the Department of Transportation, Art Hayes of the FAA and Cecil Smith of the US Products Consumer Safety Commission. Mr. Cecil Smith stated I should state on the label that this product is not intended for use by children under the age of 24 months. Everyone else I spoke with felt this was a great product and the only requirement would be that it not interfere with the automatic locking mechanism of the seat belt, which it dos not do. I felt it was necessary to further state that it is not intended for use by children under 40 pounds, to make it clear that this product is not in tended to compete with or in any way replace child restraint systems (car seats and booster seats).

Great care was taken in designing the Cair Bag product; keeping foremost in mind the comfort, safety and reliability of this product. The Cair Bag is a very lightweight (approximately one pound), under-stuffed styrene pellet bag with a removable, washab le cotton fabric outer bag. The Cair Bag is attached to the lap portion of the seat belt with a reinforced velcro and nylon strap.

When the child gets tired, he can attach the Cair Bag and lean into it, keeping the shoulder and lap belts positioned properly. This product would help to prevent the child from lying down on the seat of the car with the seat belt improperly, uncomforta bly and dangerously positioned.

The weight of the Cair Bag is distributed over the lap of the child, eliminating its force on the lap portion of the seat belt. Because the filling is very moldable in nature, the Cair Bag adapts to the legs and upper body of the child maintaining the proper positioning of the seat belt; taught across the lap and shoulder of the child.

Several months ago a representative from NHTSA sent me the enclosed excerpts from the "Child Passenger Safety Resource Manual". At that time it was determined that the Cair Bag would not interfere with the automatic locking mechanism of the seat belt. Since that time, I have been informed that this product should be recommended for use by children over 50 pounds as to prevent it from being used as a child restraint system. All literature will be changed to show this recommendation.

In conclusion, this product is desparately needed to aid in the comfort and safety of children who rest or sleep in the car. It can be seen as a comfort pillow and direct claims will not be made about the safety factor.

I have enclosed a copy of the label which will be attached to the Cair Bag, several photographs showing how children lie down on the car seat and the literature designed for Toyota for you evaluation.

I look forward to hearing from you. Please do not hesitate to call me if you have any questions about this product at (310) 471-5242.

Attachments Cair Bag label. Cair Bag brochure.

ID: nht89-2.86

TYPE: INTERPRETATION-NHTSA

DATE: 08/30/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: DAN TREXLER -- SPECIFICATIONS ENGINEER THOMAS BUILT BUSES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 05/08/89 FROM DAN TREXLER -- THOMAS BUILT BUSES TO ERIKA Z. JONES -- NHTSA; OCC 3560

TEXT: Dear Mr. Trexler:

This is in reply to your letter of May 8, 1989, to the former Chief Counsel of this agency, Erika Jones. You have received requests "to install a master electrical disconnect switch on many buses." When the switch is turned to the "off" position "it ren ders inoperative the warning signals (to the driver) required by FMVSS 105, 121 and 217. It also inactivates the hazard warning flasher required by FMVSS 108." You ask whether installation of the switch would constitute a noncompliance, or a "safety rel ated hazard." if it is accessible to the seated driver, or if remotely located in the battery or engine compartment, without ready access to the driver.

Although you have not explained the purpose of such a device, we understand that a battery disconnect switch of this nature is deemed desirable by many bus owners to prevent drains on the battery when the bus is at rest. When the switch is activated, th e bus cannot be started and driven because electric power is not available. Under this circumstance we do not believe that the switch either creates a noncompliance with any of the standards listed, nor constitutes a safety related defect, regardless of its location. When the bus is in operation the warning systems of the standards are not affected. The possibility of inadvertent activation when the bus is in use does not constitute a defect in performance, construction, components, or materials such as to create a safety related defect. To forestall any possibility of inadvertent activation, however, you may find it preferable to locate the switch away from the driver.

We understand that a purpose of this switch is to reduce the likelihood of fire after accidents in which there has been fuel spillage. In this circumstance, it is likely that the bus would be positioned either in the roadway or adjacent to it. Safety w ould be enhanced if the hazard warning signal power source were separate from the batteries inactivated by the disconnect switch, so that these warning lamps could continue to operate.

Sincerely,

ID: nht89-2.87

TYPE: INTERPRETATION-NHTSA

DATE: 08/30/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: E. H. GALLOWAY -- UNIFORM TIRE QUALITY GRADING TEST FACILITY

TITLE: INFLATION PRESSURES FOR TRACTION GRADING PROCEDURES IN UTQGS

ATTACHMT: ATTACHED TO LETTER DATED 11/01/89 FROM STEPHEN P. WOOD -- NHTSA TO FRANK E. TIMMONS -- RUBBER MANUFACTURERS ASSOCIATION, REDBOOK A34, STANDARD 109, PART 575.104; LETTER DATED 09/28/89 FROM FRANK E. TIMMONS -- RUBBER MANUFACTURERS ASSOCIATION TO STEPHEN P. WOOD -- NHTSA, OCC 3994.

TEXT: In telephone conversations with Steve Kratzke and Marvin Shaw of my staff on August 10, 1989, you requested written confirmation of your interpretation of a requirement set forth in the traction grading procedures of the Uniform Tire Quality Grading Stan dards (UTQGS; 49 CFR @ 575.104). Specifically, you noted that @ 575.104(f)(2)(i)(B) specifies that one "inflate the tire to 24 psi, or, in the case of a tire with inflation pressure measured in kilopascals, to 180 kPa." There is a similar provision for readjusting the inflation pressure of tires during traction testing in @ 575.104(f)(2)(i)(D).

You stated that these provisions are clear as to the appropriate inflation pressure to be used during the testing of tires whose inflation pressure is expressed solely in English units (as pounds per square inch or "psi") or solely in metric units (as ki lopascals or "kPa"). However, you suggested that there is some uncertainty about the appropriate inflation pressure to be used with tires whose inflation pressure is expressed in both English units and the equivalent metric units, an increasingly common practice. You stated that you have been inflating tires whose inflation pressure is expressed in both English and metric units to 24 psi during testing for traction grading, and asked that we confirm that this is the proper inflation pressure for these tires. Your interpretation is correct.

The language of the regulation sets forth a general requirement for an inflation pressure of 24 psi, and a subordinate requirement that tires "with inflation pressure measured in kilopascals" use an inflation pressure of 180 kPa. An examination of the b ackground of this language shows that the alternative inflation pressure of 180 kPa is to be used only for tire sizes that have inflation pressures specified only in kilopascals.

As you know, the UTQGS were originally promulgated with a requirement that all tires use an inflation pressure of 24 psi during the traction testing. This created some problems for tires whose inflation pressure was expressed solely in metric units. In a February 7, 1979 letter to Mr. Leon Conner, the agency stated:

In the situation where no cold inflation pressure exactly equivalent to the specified pressure of 24 psi is stated in [the tire tables] for a tire size designation, the tires to be tested are inflated to the pressure listed for the tire size designati on in [the tire tables] which is nearest to 24 psi, i.e., 180 kPa for tires with inflation pressures measured in kilopascals. The agency plans to issue an interpretive amendment to the regulation clarifying this point.

As indicated in the letter to Mr. Conner, the agency proposed to amend the UTQGS in a notice published October 1, 1979 (44 FR 56389). The preamble to that notice described the proposal as being addressed to tires that do not have any inflation pressure corresponding precisely to 24 psi, and proposing to amend the regulation to provide that those tires should use an inflation pressure of 180 kPa. The final rule adopting this change stated that it was adopting the inflation pressure proposed in the NPRM . See 45 FR 70273, October 23, 1980. This background indicates that the agency intended tires to be inflated to 180 kPa during traction testing only if no information was shown for that tire size under a column for an inflation pressure of 24 psi in the tire tables formerly incorporated in Standard No. 109. The only tire sizes for which information was not shown in a 24 psi column were tire sizes whose inflation pressure was expressed exclusively in metric units. Hence, any tires whose inflation press ure is expressed in both English and metric units should be inflated to 24 psi during the UTQGS traction testing.

Our second comment concerns the fact that in the turn signal mode the unused turn signal lamp would continue to be illuminated when the brake pedal is applied. Thus, an observer would see a flashing turn signal and a steady burning one, whereas with an ordinary vehicle, the observer would see only the flashing turn signal. Whether the presence of the steady burning turn signal on the side of the vehicle opposite the flashing turn signal would detract from the effectiveness of the flashing turn signal, and by obscuring its message make it "partially inoperative", is difficult to judge. Certainly, when a vehicle is signaling a turn, it does not appear necessary to also indicate, to the front, that it is stopping.

These remarks also serve as some comments of this Office as to "safety benefits" that might result from vehicles equipped with your device. Certainly, no standard lighting equipment on vehicles today indicate from the front that the brake pedal is being applied. This is an interesting concept, and we appreciate your interest in enhancing motor vehicle safety.

Sincerely,

ID: nht89-2.88

TYPE: INTERPRETATION-NHTSA

DATE: 08/30/89

FROM: JOHN K. MOODY -- MOODY & MOODY ENTERPRISES

TO: TAYLOR VINSON -- LEGAL COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FMVSS-108 U.S. DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/01/89 FROM STEPHEN P. WOOD -- NHTSA TO JOHN K. MOODY -- MOODY AND MOODY ENTERPRISES; REDBOOK A34; STANDARD 108; LETTER DATED 09/14/89 FROM S. WATANABE -- STANLEY ELECTRIC COMPANY TO STEPHEN P. WOOD NHTSA; OCC 3931

TEXT: Dear Mr. Vinson,

My company is planning to market nationwide a vehicle aftermarket kit which effects the front turn signals on motor vehicles. The intent of this letter is to inquire as to whether or not vehicles equipped with our product would be in conflict with exist ing vehicle lighting standards established by N.H.T.S.A..

Prior to writing this letter I had telephone conversations with several individuals there at N.H.T.S.A. and the consensus was that, since our product does not interfere with the normal operation of the existing vehicle lighting equipment, there would be no conflict. It was recommended, however, that I write this letter to you in order to obtain an official evaluation of our product and to receive a reply in writing.

Our product is really quite simple. We connect both front turn signal lamp filaments so that when the brake pedal is pushed and the rear brake lights are illuminated, both front turn signal lights are also illuminated. If a turn signal is activated eit her before or during application of the brakes, the front turn signal light flashes in its normal manner thereby indicating the direction of turn while the other front turn signal light will be illuminated as long as the brake pedal is being pushed.

This product is intended to add a significant measure of safety to vehicles by providing a forward indication as to whether or not the driver of the vehicle is attempting to apply the brakes. This would be a benefit to other drivers and pedestrians alik e.

According to the directional analysis of 1987 motor vehicle traffic accidents published by the National Safety Council, this safety improvement could have been helpful in reducing 41.6% of all two car accidents (8,652,800) and 29.5% of all two car fatali ties (12774). In addition, we believe that a significant number of pedestrian-car accidents (90,000 total resulting in 8200 fatalities in 1987) could have been avoided had the car been equipped with a forward directed brake application indicator.

Although we are requesting your evaluation concerning our product's compatibility with vehicle lighting standards, we also would appreciate any comments which you or others would offer concerning your opinion as to the safety benefits which would result from vehicles being equipped with a forward directed brake application indicator.

For your information, we are sending a similar letter to each state requesting their opinion concerning our product and their state vehicle lighting regulations.

Thank you for your attention to this matter. A prompt reply would be greatly appreciated.

Sincerely,

ID: nht89-2.89

TYPE: INTERPRETATION-NHTSA

DATE: 08/31/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: MARK RECCHIA -- FIAT RESEARCH AND DEVELOPMENT U.S.A. BRANCH

TITLE: NONE

TEXT: Dear Mr. Recchia:

This responds to your telephone call asking about an apparent inconsistency between the requirements of S4.1 of Standard No. 302, Flammability of Interior Materials, and NHTSA's laboratory procedures for flammability compliance tests (June 1973). You as k whether the laboratory procedures are correct in specifying that all materials found in the vehicle occupant compartment must meet the flammability resistance requirements of the standard. I regret the delay in responding. The answer is no.

Paragraph S4.1 of Standard No. 302 sets forth a listing of the components of vehicle occupant compartments that must be certified as complying with the flammability resistance requirements of paragraph S4.3. Paragraph S4.1 includes a reference to "any o ther interior materials . . . that are designed to absorb energy on contact by occupants in the event of a crash." That paragraph represents a complete listing of all components in new vehicles that must comply with the flammability resistance requiremen ts. Any component not identified in paragraph S4.1 is not subject to those requirements.

Paragraph 10.1 of NHTSA's laboratory procedures also lists the components of vehicle occupant compartments that must meet Standard No. 302. That listing was intended to include only the components described in S4.1 of the standard, but inadvertently mak es a general reference to "[a]ny other materials" in the vehicle interior compartment (item number 19) without including the modifying clause, "that are designed to absorb energy on contact by occupants in the event of a crash." The modifying clause shou ld have been included, since Standard No. 302 applies only to the vehicle components identified in S4.1 of the standard.

Sincerely,

ID: nht89-2.9

TYPE: INTERPRETATION-NHTSA

DATE: 06/19/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: H. HASEGAWA -- AUTOMOTIVE LIGHTING ENGINEERING CONTROL SECTION STANLEY ELECTRIC CO. LTD.

TITLE: NONE

ATTACHMT: LETTER DATED 05/22/89 FROM H. HASEGAWA TO RICHARD L. VANIDERSTINE, RE REVISION OF FMVSS NO 108 [DOCKET NO 85-15 NOTICE 8

TEXT: Dear Mr. Hasegawa:

This is in reply to your FAX letter of May 22, 1989, to Richard Van Iderstine of this agency.

You have two questions with respect to the amendment to Standard No. 108 published on May 9, 1989 (Docket No. 85-15; Notice 8).

Your first question is the effective date of paragraph S7.7.5.1.(a), which you point out was not previously a requirement of Standard No. 108. You suggest the need for a delayed effective date (but give no reason why one may be needed).

Paragraph S7.7.5.1(a) will be effective June 8, 1989. Although the requirement is a new one (the restriction on motion of a headlamp when an external aiming device is applied to it), it was proposed as part of the December 29, 1987 NPRM, and no comments received indicated a need for a delayed effective date. Your supposition is correct; S7.5.5.1 will apply to all headlamps with an external aiming system, including those incorporating replaceable bulbs.

Your second question relates to paragraph S7.7.5.1(b), and you ask "whether the requirement of '0.1 in. max.' will be determined, either during the test or after the test". In pertinent part, subsection (b) states "nor shall the lamp recede more than 0. 1 in. (2.5 mm) after being subjected to an inward force...." This means that the measurement is determined after the test.

Sincerely,

ID: nht89-2.90

TYPE: INTERPRETATION-NHTSA

DATE: 08/31/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: BRADLEY J. BAKER -- PRESIDENT CLASSIC MANUFACTURING, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 10/21/88 FROM BRADLEY J. BAKER -- CLASSIC MANUFACTURING TO TAYLOR VINSON -- NHTSA; OCC 2717

TEXT: Dear Mr. Baker:

This is in reply to your letter to Taylor Vinson of this Office, with reference to a product your company manufactures, a "car dolly used to tow a vehicle behind motor homes." You question whether the dolly is a motor vehicle, and if so, whether identifi cation lamps are necessary for it. I regret the delay in responding.

The car dolly appears to be a vehicle drawn by mechanical power manufactured primarily for use on the public roads, and thus a "motor vehicle" subject to the jurisdiction of this agency. Specifically, it would be a "trailer", since it is a motor vehicle without motive power, designed for carrying property and for being drawn by another motor vehicle. Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, requires identification lamps on all trailers whose o verall width is 80 inches or more. Therefore, if the overall width of your dolly is less than 80 inches, it need not be equipped with identification lamps.

Sincerely,

ID: nht89-2.91

TYPE: INTERPRETATION-NHTSA

DATE: AUGUST 31, 1989

FROM: J. BRETTSCHNEIDER -- ROBERT BOSCH GMBH

TO: RICHARD VAN IDERSTINE -- DOCKET SECTION, NHTSA

TITLE: PERFORMANCE OF THE IMPACT TEST ACCORDING SAE J1383

ATTACHMT: ATTACHED TO LETTER DATED 3-29-90 TO J. BRETTSCHNEIDER, ROBERT BOSCH GMBH, FROM STEPHEN P. WOOD, NHTSA.

TEXT:

According to the above-mentioned SAE Standard (recommended practice), Section 4.10.3, the impact test has to be performed ... along the mechanical axis ...

SAE Standard J 579, Section 2.14 defines the mechanical axis as ... perpendicular to the aiming plane through the geometric center of the lens.

Now the questions arise

- where is the geometric center of a lens without aiming pads?

- where is the geometric center of a lens which moreover covers two compartments, one for the lower beam and one for the upper beam?

Please give us your advice.

Thanking you in advance.