ID: 10267

October 4, 1994

Mr. Ashpy Lowrimore Senior Vice President Southern National Bank P.O. Box 6676 Florence, SC 29502

Dear Mr. Lowrimore:

This responds to your August 11, 1994 letter regarding our requirements for school vehicles. You explain that your church owns a "commercial bus" and a 15-passenger van and would like to use these vehicles to transport children attending a kindergarten and after school care program that the church operates. You ask to be advised of any requirements applicable to those two vehicles, and have three questions, which I will answer below.

I would like to begin with background information about our requirements. Our agency has two sets of regulations, issued under different Acts of Congress, that affect school vehicles. The first of these, the Federal motor vehicle safety standards (FMVSS's) issued under 49 U.S.C. 30101, et seq., apply to the manufacture and sale of new motor vehicles. Our agency was directed by Congress in 1974 to issue standards on specific aspects of school bus safety, including floor strength, seating systems, and crashworthiness. The standards we issued apply to all new vehicles designed to carry 11 or more persons and sold for pupil transportation purposes. Under our requirements, such a vehicle is a "school bus," and any person selling such a vehicle must ensure that the new vehicle is certified as meeting the FMVSS's for school buses.

The second set of regulations issued by this agency was promulgated under the Highway Safety Act of 1966. These "regulations" are actually recommendations from NHTSA to the States for use in developing their highway safety programs. Highway Safety Program Guideline No. 17, Pupil Transportation Safety, 23 CFR 1204 (copy enclosed), applies to school vehicles, and contains recommendations for the design, identification and operation of school vehicles. Individual States have chosen to adopt some or all of Guideline No. 17 as their own policies governing their highway safety programs.

With that background in mind, I turn now to your specific questions:

1. Can we transport children who are related with our various schools by utilizing the van?

ANSWER: The answer depends on State law, because the States regulate the use of motor vehicles, not NHTSA. NHTSA regulates the manufacture and sale of new vehicles. Any person selling a new bus or a new 15- passenger van to your church for purposes that include transporting kindergarten students to and from school or related events must sell buses that meet our FMVSS's for school buses, or face substantial civil fines and injunctive sanctions. NHTSA does not have the authority to regulate vehicle users, and thus does not mandate what vehicle can be used to transport school children. Thus, our regulations impose no requirement on schools that require them to transport students in complying school buses.

While NHTSA does not require the use of any particular type of vehicle to transport students, we believe that school buses are the safest motor vehicle transportation currently available. We have included in Guideline No. 17 a recommendation that States require any bus (or van carrying 11 or more persons) used to carry school children to comply with all FMVSS's applicable to school buses at the time of their manufacture (see, recommendation number IV.B.1.h). However, since Guideline No. 17 will affect your church's school vehicles only if South Carolina has adopted it, you should check to see what State requirements are set for the operation of the school vehicles in question.

Mr. Perry Brown, Deputy Director of South Carolina's Office of Highway Safety Programs, would be able to provide information about your State's requirements. He can be contacted at the following address:

Mr. Perry Brown Edgar A. Brown State Office Building 1205 Pendleton St., Rm. 453 Columbia, SC 29201

2. Are there restrictions associated with the use of the bus in the transportation of children, young adults or senior adults?

As explained above, NHTSA has no restriction on the use of motor vehicles. Restrictions on the use of a vehicle are matters of State law. Among other things, the State could require a special driver's license for persons operating buses as you described. A South Carolina official would be able to provide the information you need.

3. If there are special restrictions, can you elaborate on the type of equipment that we must obtain in order to meet any regulations or requirements that are in place?

ANSWER: Again, NHTSA has no restrictions on the use of the vehicles by the church. Further, NHTSA does not require schools operating their vehicles to ensure that the vehicles are specially identified or equipped as school vehicles. However, Guideline No. 17 contains recommendations for identifying school buses and equipping them with safety equipment, including school bus lamps and mirrors and emergency equipment. South Carolina may have adopted some of these recommendations in its highway safety program for school vehicles.

In summary, NHTSA does not have the authority to regulate the use of school vehicles owned and operated by your church. You should check with South Carolina officials to find out which, if any, State requirements apply to your church's activities.

We hope this information is helpful to you. Should you have any further questions regarding this matter, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:571 d:10/4/94

ID: 1028

Mr. Michael A. Knappo
380-1A Hartford Road
Amherst, NY 14226

Dear Mr. Knappo:

This is in response to your letter regarding a product that you wish to offer for sale in the near future. You have asked for information on how this product might be affected by local and national laws.

According to your letter, "Auto Ad" is a portable advertising unit that is designed with a flexible screen that can be secured to a window with suction cups. The screen is illuminated with LEDs, controlled by a key pad mounted close to the driver. The unit will run off power from the car battery through the cigarette lighter, or "hardwired in." The diagram you enclosed shows "Auto Ad" mounted in the rear side window of a car and a van.

While we do not have information about State or local laws, I am enclosing copies of several letters we have issued in recent years concerning the applicability of Federal law to products which appear to be similar to yours (addressed to Mr. Shawn Shieh, dated June 8, 1993; Mr. Chris Lawrence, dated May 10 and March 21, 1991, Mr. Alan Eldahr, dated August 17, 1989, and Mr. Don Benfield, dated July 8, 1985).

I hope this information is helpful. If you have any further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:108 d:9/11/95

ID: 10285

Mr. Amin Ahmadi
800 South Pacific Coast Highway
Redondo Beach, CA 90277

Dear Mr. Ahmadi:

This responds to your letter requesting that the Federal government require all motor vehicles to be equipped with your mirror, which you believe reduces blind spots. You state that part of your mirror is shaped at a straight angle while another part has a three to five degree outward variance. As explained below, this agency, the National Highway Traffic Safety Administration (NHTSA), does not believe it should require all vehicles to be equipped with your mirror. Nevertheless, NHTSA does not prohibit you from marketing your mirror, provided the mirror complies with the Federal standard on rearview mirrors and other safety considerations are met.

Before I begin, I would like to reference a November 29, 1994 telephone conversation between you and Mr. Marvin Shaw of my staff, about your request for the information in your letter be treated as confidential. Mr. Shaw explained that letters requesting interpretations of our Federal motor vehicle safety standards (FMVSSs) are public information. Nevertheless, he further explained that we would only include a general description of your mirror in our response. Accordingly, we will return your sketches to you and make only the cover letter publicly available. You agreed that this would satisfy your concerns about not disclosing your design concepts.

By way of background information, Congress has authorized NHTSA to issue FMVSSs for new vehicles and new items of 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 following represents our opinion based on the facts provided in your letter.

NHTSA has issued FMVSS No. 111, Rearview Mirrors (49 CFR '571.111, copy enclosed), to set performance requirements for new vehicle mirrors. 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. Vehicle manufacturers may install mirror systems that combine a portion of the mirror with a straight angle with a portion of the mirror that is at a slight variance, provided that the straight mirror portion by itself complies with the requirements in FMVSS No. 111 that are applicable to the vehicle on which the mirror system is installed.

Assuming that the straight mirror portion of your mirror system complies with the applicable requirements of FMVSS No. 111, vehicle manufacturers could install this new mirror system on their vehicles.

However, even though your mirror may be installed as original equipment, NHTSA does not agree with you that new vehicles should be required to be equipped with a mirror system that has a portion that is at a slight variance. As explained in the enclosed notice about convex mirrors, while a convex mirror reduces blind spots by increasing a driver's field of view, such mirror systems also "increase distortion and reduce a driver's depth perception and judgment about another vehicle's closing distance." Like the mirror referenced in that notice, your mirror has both potential advantages and disadvantages: it would increase the driver's field of view, but it would to some extent increase the potential for confusing the driver, since it combines two different orientations.

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 and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a provision in the law, 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 ...." Based on our understanding of your mirror system, it appears that its installation would not make inoperative compliance with the standard. Nevertheless, if the installation of your mirror system resulted in a vehicle no longer complying with FMVSS No. 111, 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) installed in the vehicle in compliance with FMVSS No. 111. The law specifies a civil penalty of up to $1000 for each violation of the make inoperative provision.

This provision in the law does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. Under Federal law, individual owners can install any mirror system they desire on their own vehicles, regardless of whether that mirror makes inoperative the vehicle's compliance with the requirements of FMVSS No. 111. 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. 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.

I hope this information is helpful. For your future reference, I have enclosed an information sheet providing general information about NHTSA's regulations for manufacturers of new motor vehicles and motor vehicle equipment. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

Philip R. Recht Chief Counsel

Enclosures

ref:#111 d:1/5/95

ID: 10287

Ms. H. Kristie Jones, President
P.J.'s Fabrication, Inc.
P.O. Box 880
Stanfield, OR 97875

Dear Ms. Jones:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number (VIN). You explained that P.J.'s Fabrication (P.J.), which manufactures trailers, entered into a contract with Coulson Commander Trailers (Coulson) to manufacture trailers that will be marketed under Coulson's name. Skip Jones of your company has told Dorothy Nakama of my staff that he does not believe Coulson has any manufacturing capability or that Coulson manufactures trailers. You ask whether under Standard No. 115, P.J. assigns the VIN to the vehicles. The answer is yes.

S4.1 of Standard No. 115 specifies that "Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer." The term "manufacturer" is defined at 49 U.S.C. 30102(a)(5)(A) as a person "manufacturing or assembling motor vehicles or motor vehicle equipment." According to the information provided in your letter, P.J. fits this definition of a manufacturer. Moreover, you also state that "P.J.'s accepts responsibility for warranty work and quality control to meet DOT specifications." This statement indicates that P.J. is certifying the trailers' compliance with the Federal motor vehicle safety standards (FMVSS's), as a manfacturer must under our certification requirements. Accordingly, all the information presented to us indicates that P.J. is the trailer manufacturer, and it is therefore appropriate for P.J. to assign the VIN to the trailers.

As noted above, you indicate that P.J. is certifying the trailers' compliance with all applicable FMVSS's. Since FMVSS No. 115 applies to the trailers and requires each new trailer to have a VIN, P.J. must assign a VIN to the vehicle in order to correctly certify that the vehicle meets the FMVSS's (namely, FMVSS No. 115). In other words, since the FMVSS's require a VIN, the trailers must have a VIN by the time P.J. certifies the vehicles as complying with the FMVSS's.

You also asked which company issues the manufacturer's statement of origin (MSO), that your letter referred to as the "Certificate of Origin." Since MSOs are regulated by state law, for information about each state's requirements, you must contact the state's department of motor vehicles. A source of information about each state's requirements is the American

Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Blvd., Suite 1000, Arlington, Virginia 22203. The telephone number for the AAMVA is (703) 522-4200. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:115 d:10/5/94

ID: 10290

Mr. Earl L. Hartley, Jr.
Ryan Freight Services, Inc.
2595 Chandler #10
Las Vegas, Nevada 89120

Dear Mr. Hartley:

This responds to your letter concerning 49 CFR Part 583, Automobile Parts Content Labeling. I apologize for the delay in our response. You stated that you need to provide country of origin information to the auto manufacturers you sell to, and would like confirmation that you are properly interpreting the regulations. We understand that you are an "outside supplier," i.e., your company is not owned by an auto manufacturer. (Requirements differ for outside suppliers and allied suppliers.) Your questions, and our responses, are set forth below.

Question 1. 583.6(c) We interpret this to mean that if the U.S./Canada value added is 70% or more we are to report the U.S./Canada percentage to be 100%. If the U.S./Canada value added is less than 70% we are to report the U.S./Canada percentage to be -0-% Is this correct?

Response. You are partially correct. It is true that, under 583.6(c), equipment supplied by an outside supplier is considered 100 percent U.S./Canadian if 70 percent or more of its value is added in the U.S./Canada, and 0 percent if less than 70 percent is added in the U.S./Canada. However, the specific information which outside suppliers must provide to auto manufacturers is set forth in 583.10. (Outside suppliers of engines and transmissions must also provide the information specified in 583.12. I will assume for the balance of this letter that you are not a supplier of engines or transmissions.) Rather than requiring outside suppliers to report the 100 percent or 0 percent figure, section 583.10 instead specifies that outside suppliers are to provide a statement that the equipment has, or does not have, at least 70 percent of its value added in the United States and Canada.

Question 2. 583.7(a), (e), (f) If the U.S./Canadian percentage of the value is -0-% then we should report the two largest "Major Foreign Sources" which are over 15% each. Is this correct?

Response. No. This question suggests a misunderstanding of the differing requirements for auto manufacturers and suppliers. Auto manufacturers are required to calculate, on a carline basis, "U.S./Canadian parts content" and "Major sources of foreign parts content." Suppliers are required to provide specified information about the equipment they supply to enable the auto manufacturers to make these calculations. As indicated above, the information that outside suppliers must provide is set forth in 583.10. Suppliers are not required to provide the two largest "Major Foreign Sources" of their equipment.

Question 3. 583.7(c)(1) This requirement is completely independent from the determination of the percentage of the value determination. Therefore it is possible for a part to be of U.S.A. origin and have -0- % U.S./Canadian percentage of value. Are we correct in this assumption?

Response. The answer is yes. It is true that a part could be of U.S./Canada origin under 583.7(c)(1), for purposes of determining major foreign sources of passenger motor vehicle equipment, even though it has less than 70 percent U.S./Canadian content and is hence considered to have 0 percent U.S./Canadian content under 583.6. This reflects the different purposes of 583.6 and 583.7. Section 583.6 sets forth the procedure for determining the U.S/Canadian content of carlines. Under the American Automobile Labeling Act, equipment supplied by an outside supplier is considered 100 percent U.S./Canadian if 70 percent or more of its value is added in the U.S./Canada, and 0 percent if less than 70 percent is added in the U.S./Canada. Section 583.7 specifies the procedure for determining major foreign sources of passenger motor vehicle equipment. The only effect of a determination under 583.7(c)(1) that a part is of U.S./Canadian origin is that it will not be considered to have been contributed by a foreign source.

Question 4a. 583.10(a)-(c) From these parts we assume the following requirements:

Our certificate must show:

1. The name and address of the supplier, 2. The part number and description of the part or assembly, 3. The selling price to our customer, 4. Whether the part has or does not have 70% of its value from the United States/Canada as determined under 583.6(c), 5. If the United States/Canada percentage is less than 70% the country of origin determined under 583.7(c), 6. For equipment that may be used in an engine or transmission, the country of origin of the equipment, determined under 583.8(c), 7. A certification for the information, pursuant to 583.13 and the date of the certification, and, 8. One certificate can cover multiple parts and assemblies.

Response. Your eight stated understandings are correct. With respect to the second, I note that while 583.10(a) does not specifically mention "part number," we assume that would be the customary way of identifying unique equipment.

Question 4b. If the United States/Canada percentage of the value added is -0- percent, should we show the two largest "Major Foreign Sources" which are over 15% on our certificate? This information does not seem to be required by 583.10(a).

Response. As discussed in our answer to Question 2, suppliers are not required to provide the two largest "Major Foreign Sources" of their equipment.

Question 5. 583.13 This section requires us to certify the information provided on our certificate to be in accordance with DOT regulations. Please provide us with a copy of these DOT regulations or advise where we can secure a copy of these regulations so we can know the regulations to which we are subscribing.

Response. The Department of Transportation (DOT) regulations concerning automobile parts content labeling are simply those set forth in 49 CFR Part 583.

Question 6. 583.10(c)(1)-(2) We can issue our certificate for the calendar year from January 1 through December 31 of each year.

Response. Section 583.10(c)(1) provides that, except as provided in (c)(2), the information provided in the certificate is to be for equipment expected to be supplied during the 12-month period beginning on the first July 1 after receipt of the request from the auto manufacturer or allied supplier. Paragraph (c)(2) provides that the 12- month period specified in (c)(1) "may be varied in time and length by the manufacturer or allied supplier if it determines that the alteration is not likely to result in less accurate information being provided to consumers. Therefore, your certificate can only be issued for the calendar year if the auto manufacturer or allied supplier to which you supply equipment makes such a determination.

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

Sincerely,

Philip R. Recht Chief Counsel

ref:583 d:2/3/95

ID: 10315

Mr. Gary BlousJ
V.P. Engineering
Fitting Image
2075 Adams Avenue
San Leandro, CA 94577

Dear Mr. BlousJ:

This responds to your letter asking about how this agency's regulations might apply to your product. I apologize for the delay in sending this letter. In your letter, you described your product as a bag holder for the interior of vehicles, designed to attach to the head restraint and hang on the back side of the front seats. Based on the illustration you provided, the bag holder appears to be a 12 inch flexible strap that attaches to the head restraint, with a "rigid plastic" hook at the end from which plastic grocery bags are suspended.

The short answer to your question is that, while there are no regulations that apply directly to your product, there are Federal requirements that may affect the sale of this product. I am enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. NHTSA's authority to issue these regulations is based on title 49, section 30102(7) of the U.S. Code (formerly the National Traffic and Motor Vehicle Safety Act), the relevant part of which defines the term "motor vehicle equipment" as:

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

Although you appear to recognize the applicability of our regulations, based on your characterization of your product as "after market equipment," allow me to explain how NHTSA

determines whether an item of equipment is considered an accessory under the U.S. Code. The agency applies two criteria. The first criterion is whether a substantial portion of its expected uses are related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus subject to the provisions of the U.S. Code.

Your bag holder appears to be an accessory and thus an item of motor vehicle equipment under our regulations. It appears to be designed specifically to fit in motor vehicles using the head restraints, meaning that a substantial portion of its expected use relates to motor vehicle operation. The bag holder would typically be purchased and used by ordinary users of motor vehicles (i.e., anyone using the vehicle).

While your bag holder is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. However, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Although no standards apply directly to the bag holder, there are other provisions of law that may affect the manufacture and sale of your product. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If your bag holder were installed so that a hard object (e.g., the rigid plastic hook) were to be struck by the occupant's head, the requisite amount of cushioning might not be achieved. We do not know how big or how "rigid" the hook is, but it is something of which you should be aware.

Other legal requirements could apply depending on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the bag holder installed complies with all FMVSS's, including Standard No. 201. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from "knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . ." For instance, compliance with Standard No. 201 might be degraded if the bag holder were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

The "make 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 your bag holder 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 States 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 device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:VSA d:2/13/95

ID: 10316

Mr. Ken Daining
Supervisor, Vehicle Test and Development
ITT Automotive
3000 University Drive
Auburn Hills, MI 48326

Dear Mr. Daining:

This responds to your letter about Federal requirements applicable to an "on/off switch" for antilock brake systems (ABS). I apologize for the delay in our response. You stated that Chrysler Jeep owners disengage their ABS in response to the "perceived degraded performance it offers on off-road situations." You mentioned the possibility of designing a vehicle's gear system so that the ABS function is automatically disengaged when the vehicle is shifted into the four wheel drive-LO configuration. As explained below, while both manual and automatic ABS on/off switches are permitted under the current requirements, neither is required.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under Title 49, Chapter 301 of the U.S. Code to issue FMVSSs that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment, as is the practice in Europe. Instead, Chapter 301 establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

The agency has used this authority to issue FMVSS No. 105, Hydraulic Brake Systems, which specifies requirements for hydraulic service brake and associated parking brake systems. This Standard does not contain any provision requiring or prohibiting ABS. Likewise, it does not contain any provision requiring or prohibiting either a manual or automatic ABS on/off switch. Accordingly, either type of switch is permitted under the standard, provided the vehicle complies with the standard both when the device is "on" and when the device is "off."

FMVSS No. 105 will continue to apply to multipurpose passenger vehicles (MPVs), notwithstanding the agency's recent adoption of FMVSS No. 135 Hydraulic Brake Systems; Passenger Car Brake Systems, which applies only to passenger car brake systems (60 FR 6411, February 2, 1995). Even though FMVSS No. 135 does not apply to MPVs, you should be aware that FMVSS No. 135 prohibits passenger cars from being equipped with ABS disabling switches. The agency stated in a July 1991 notice that "such a switch could be left off when the ABS is needed, and that therefore, it would be more likely to be harmful than beneficial." Please note that this prohibition does not become immediately effective, even for passenger cars, since manufacturers can continue to certify compliance to FMVSS No. 105 for five years after FMVSS No. 135 takes effect.

If an automatic or manual ABS on/off switch were installed in a used vehicle, such a device must not "make inoperative" the vehicle's compliance with FMVSS No. 105. Specifically, 49 U.S.C. 30122 prohibits a motor vehicle manufacturer, distributor, dealer or repair business from installing such a device if the installation "makes inoperative" compliance with any safety standard. For instance, if a vehicle could only comply with the stopping distance or other service brake requirements in Standard No. 105 when the ABS is activated, then installation of the switch would serve to make inoperative compliance with the safety standard.

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

Sincerely,

Philip R. Recht Chief Counsel

ref:105 d:3/8/95

ID: 10333

Mr. Harold Sousa
32-30 54 Street - Woodside
New York, NY 11377

Dear Mr. Sousa:

This responds to your letter asking about whether you can import a product into the United States. You stated that the product uses air pressure from a vehicle's brake system to "prevent the air from escaping from the tires of trucks and buses" and "keeps air pressure in the case of punctur (sic)." I am pleased to have this opportunity to explain how this agency's requirements apply to the manufacture and importation of such a product. The following represents our opinion based on the facts provided in your letter.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), regulates the manufacture of motor vehicles and motor vehicle equipment. Under our governing statute, the manufacturer must certify that its vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS). Importers are included in the definition of "manufacturer" under our statute.

NHTSA does not have any specific regulations covering a tire pressure device such as you describe. However, since this device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121, Air Brake Systems.

If the device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable Federal safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

One relevant issue is whether your device is considered an integral part of the brake system in the sense that it would need to comply with certain of Standard No. 121's requirements. A related issue is whether certain parts of the device are considered brake hoses and therefore subject to the requirements of Standard No. 106, Brake Hoses.

We do not have sufficient information about your device to specifically address these issues. I can advise you, however, that your device would not be considered part of the braking system if it were separated from the vehicle's main braking system by a check valve in such way that the main braking system would not be affected by a leakage failure in the device. Moreover, if your device is not considered to be part of the braking system, it would not be subject to Standard No. 106.

If the device is installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS.

You should also be aware that all manufacturers headquartered outside of the United States must designate a permanent resident of the United States as the manufacturer's agent for service of process, notices, orders, and decisions. This designation is to be mailed to the Chief Counsel of NHTSA. In accordance with 49 CFR 551.45, the designation must include the following information:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

7. The signature of one with authority to appoint the agency. The signer's name and title should be clearly indicated beneath his signature.

Sincerely,

Philip R. Recht Chief Counsel ref:551#121 d:1/4/95

ID: 10334

Ms. Debra Platt
2289 Southeast Madison Street
Stuart, FL 34997

Dear Ms. Platt:

This responds to your letter of August 29, 1994, in which you inquire whether a child "partially sitting on a bus seat [is] provided crash protection of Standard 222." You explain that you were referring to a third child sitting on the edge of a bus seat nearest the aisle. The child can only face the seat across the aisle, rather than face forward, because the bench seat is overcrowded.

Some background information would be helpful in responding to your question. 49 U.S.C. 30101, et seq. (formerly known as the National Traffic and Motor Vehicle Safety Act of 1966) provides this agency the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Each new vehicle or item of equipment that is sold to the consumer must comply with all applicable FMVSSs in effect on its date of manufacture. However, once the vehicle or equipment is sold, the use of that product becomes a matter of State jurisdiction. NHTSA has no authority to regulate the operation of used vehicles or items of equipment.

With respect to school buses, it has been shown that school bus transportation is one of the safest forms of transportation in America (see enclosed School Bus Safety Report, May 1993). Every year, approximately 380,000 public school buses travel approximately 3.8 billion miles to transport 22 million children to and from school and school related activities. Occupant deaths per vehicle mile travelled in school buses are about one-fourth those in passenger cars. Crash protection in large school buses, those with a gross vehicle weight rating (GVWR) of over 10,000 pounds and which typically seat 16 or more, is provided by "compartmentalization." That concept requires strong, well-padded, well-anchored, high-backed and evenly- spaced seats for school bus occupant protection. Compartmentalization has been shown to be effective by independent studies of the National Transportation Safety Board and the National Academy of Sciences. Small school buses, on the other hand, those with a GVWR of 10,000 pounds or less and which typically seat fewer than 16 occupants, must be equipped with lap or lap/shoulder belts at all designated seating positions.

Turning to your inquiry, this agency agrees it is far less safe for children to sit on the edge of school bus seats, facing the seat across the aisle, rather than face forward. To get the full benefit of compartmentalization, the child occupant should face forward to be cushioned and contained between the strong, well-padded seat backs on the school bus. Thus, Standard 222 requires school bus passenger seats to be forward-facing (paragraph S5.1). When a child is sitting on the edge of the bus seat, as you described, it would seem that either the school bus is overloaded or the passengers are seating themselves improperly, indicating a possible lack of adequate supervision. This agency is seriously concerned about such conditions, but as pointed out above, once a vehicle is sold to the first retail customer, the use of that vehicle becomes the responsibility of the State.

Since the States regulate the use of school buses, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Governor's highway safety representative for Florida is:

Mr. Frank Carlile Assistant Secretary for Transportation Policy 605 Suwanne St., MS-57 Tallahassee, FL 32399-0450 Telephone: (904) 922-5820

I am also enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued jointly by this agency and the Federal Highway Administration and provides recommendations to the states on the operational aspects of their school bus and pupil transportation safety programs. Although these recommendations are not mandatory, they might be helpful in your discussions with school officials.

I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosures

ref:222 d:10/26/94

ID: 10335

Vincent Ugoletti, Chief Engineer
Great Lakes Communications, Inc.
3514 State St.
P.O. Box 860
Erie, PA 16512

Dear Mr. Ugoletti:

This responds to your September 7, 1994 letter to this office in which you stated your intention to modify a "conversion" van into a "production" van by replacing the original front seats with seats that swivel. You stated in an October 4 telephone conversation with Walter Myers of my staff that the vehicle in question is a 1994 cargo van. The vehicle has two front seats, and a gross vehicle weight rating (GVWR) of 9,680 pounds (lbs.). You also explained that the work will be done by a commercial vehicle modification shop. You asked us about the requirements for swivel front seats.

By way of background, 49 U.S.C. 30101, et seq. authorizes this agency to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Under 49 U.S.C. 30112, each person selling a new vehicle must ensure that the vehicle is certified as complying with all applicable FMVSSs. NHTSA has five safety standards, described below, applicable to motor vehicle seats. The original seats and seat belts on your van were required to meet the requirements of those standards when the new van was sold to you.

The five standards set performance criteria ensuring that seats and seat belts provide safety benefits in a crash. Standard No. 207, Seating systems (49 CFR section 571.207), establishes strength and other performance requirements for vehicle seats. The standard does not prohibit the installation of swivel seats in vans. Standard No. 208, Occupant Crash Protection (49 CFR 571.208), specifically section S4.2.3, sets forth occupant protection requirements at the various seating positions in vehicles such as yours manufactured after September 1, 1991, and with a GVWR not greater than 10,000 lbs. Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), sets strength, durability, and other requirements for seat belts. Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), establishes strength and location requirements for

seat belt anchorages. Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), specifies the flammability resistance of the seats and seat belts. Copies of those standards are enclosed, as well as a fact sheet explaining how to obtain copies of all FMVSSs.

Generally speaking, once a motor vehicle is sold to its first retail purchaser, its use and any modifications made to it become a matter of state interest. Thus, owners of used vehicles may personally make any modifications or alterations they want to their vehicles without regard to the FMVSSs, subject only to applicable state requirements.

There is, however, a limitation on modifications of used vehicles by commercial entities. 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any device or element of design installed on or in a motor vehicle or equipment in compliance with an FMVSS. Since the seats and their safety belts are devices or elements of design that were installed in your van in compliance with applicable FMVSSs (particularly the five standards listed above), a business listed in section 30122 cannot modify the vehicle in such a manner as to remove the seats and/or safety belts from compliance. Accordingly, the vehicle modifier should ensure that the swivel seats and any seat belts it installs are installed in accordance with the requirements of the standards. You indicated that Great Lakes Communications wishes to maintain the safety of the original seats and seat belts. We commend that decision. NHTSA urges vehicle owners not to degrade the performance of the safety systems on their vehicles.

I hope this information is helpful. Should you have any further questions or need additional information, feel free to contact Walter Myers or Mary Versailles of my staff at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure Ref:207#208#209#210#302 d:11/14/94