ID: nht67-1.8

DATE: 09/21/67

FROM: William Haddon, Jr., M.D.; NHTSA

TO: Kurzman & Goldfarb

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 29 requesting a verification of the interpretation of Standard No. 205 contained in a letter to you dated August 10 from Max Brand of Mercedes-Benz of North America.

Mr. Brands's understanding that glazing materials manufactured on or after January 1, 1968, for use in passenger cars, multipurpose passenger vehicles, motorcycles, trucks and buses must conform to Standard No. 205, but that dealer inventories of prestandard materials manufactured before January 1, 1968, may be used for replacement purposes until exhausted is correct.

ID: nht68-1.1

DATE: 05/29/68

FROM: AUTHOR UNAVAILABLE; R. M. O'Mahoney; NHTSA

TO: Royal Brass, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 26, 1968, concerning certification of brake hoses. Hydraulic brake hose for use in passenger cars and multipurpose passenger vehicles manufactured after January 1 1968 must comply with Federal Motor Vehicle Safety Standard No. 106. Hydraulic Brake Hoses - Passenger Cars and Mutipurpose Passenger Vehicles.

At the time of delivery of the completed brake hose assembly to a distributor or dealer the manufacturer of the completed brake hose assembly must certify that it complies with the applicable standard. In the case of equipment such as the brake hose assembly the certification may be in the form of a label or tag on the completed brake hose assembly or on the outside of the container in which the brake hose assembly is delivered.

For your information I have enclosed a copy of the Federal Motor Vehicle Safety Standards, the notice published in the Federal Register concerning certification and a copy of the National Traffic and Motor Vehicle Safety Act of 1966. Particular attention should be paid to sections 108 and 114 of the Act.

I hope this letter and the enclosures are adequately responsive to your questions.

Sincerely,

April 26, 1968

U.S. Department of Transportation Federal Highway Administration

Attn: Robert M. O'Mahoney

Gentlemen:

We are manufacturer and distributor of automotive brass fittings, steel hydraulic fittings, hydraulic brake fittings, hydraulic brake hose assemblies, and make equipment for the assembly of hydraulic hoses and hydraulic brake hoses. The bulk brake hose is purchased from Inland Rubber Division of General Motors. All of our fittings are made to SAE specifications as shown in the SAE Handbook. What type of certification must we give to our customers? We sell to original equipment manufacturers, trucking companies, jobbers, and garages.

An early reply will be appreciated.

Very truly yours,

ROYAL BRASS, INC. -- R. R. McLain

Sales Manager

ID: nht68-1.10

DATE: 04/11/68

FROM: AUTHOR UNAVAILABLE; William Hadden, Jr.; NHTSA

TO: House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of March 16, 1968, in reference to an inquiry from Mitts and Merrill, Incorporated, concerning the application of the Federal Motor Vehicle Safety Standards to their brush chipper.

The brush chippers as shown in the brochures you enclosed are less than 80 inches in width; therefore, Motor Vehicle Safety Standard No. 108 does not apply at present. However, after January 1, 1968, Table No. III of Motor Vehicle Safety Standard No. 108, will apply to passenger cars, multi-purpose passenger vehicles, trucks, buses, trailers and motorcycles.

We are enclosing a copy of the Federal Motor Vehicle Safety Standards as per your request and trust they assist you in this matter.

Sincerely,

mitts & merrill, inc.

March 14, 1968

Honorable James Harvey, M. C.

Sir:

REFERENCE: Your Letter of March 6 and Wire of March 11 1968

We have studied the Motor Vehicle Safety Act of 1966 and also reviewed your wire.

With regard to the above Act, the Federal Safety Standards were not sent with it. The establishment of these standards is stated in the Act under Title I, Section 103, paragraph (h) concerning issuance of Federal Safety Standards and subsequent revised standards. Please have copies of these standards sent(Illegible Word) immediately or advise at once where we may obtain same. We must know if our Brush Chipper falls under this Act.

Concerning your wire, enclosed are two copies each of our specification sheets and outline drawings of our Brush Chipper. You will note that no models are over 80" wide which will not bring them under the trailer lighting standards. Our units do require license plates.

Thank you for your efforts in our behalf.

Very truly yours,

Norman E. Hess -- Chief Engineer

enclosures

MITTS & MERRILL CHIPPER SPECIFICATIONS

MODELS -- M7, M8, M9

TRAILER UNITS -- SERIES 160 (16 INCHES) TRAILER: Frame All tubular steel, welded construction. Draw Bar Pintle eye-standard. Ball and socket-optional. Axle Coil spring torsion type, 2" O.D., tubular construction - 61-1/2" track. Wheels Two (2) - Semi-drop center. Tires Two (2) - 15" 8-ply rated - commercial Fenders Two (2) Safety Chains Standard. Parking Wheel Screw action to raise and lower. Rear Stand Folding type.

Combination tail light and license plate holder furnished.

CHIPPING UNIT: Housing Steel Plate, welded construction. Feed Opening 10" x 16" Cutting Bar 7/8" x 2-7/8" x 16-1/2" - Special steel and heat-treated. Dia. of Cylinder 16" Length of Cylinder 16" Cylinder Material Flame cut steel plate. Dia. of Shaft 3" Bearings Two (2) 2-15/16" Dia., single row, piloted and flange mounted. R.P.M. of Cylinder 3000 Number of Knives Twelve (12) Knife Dimensions 4-1/4" x 2-3/8" x 1/2" Type of Knife Double-edged, special knife steel, heat- treated, and with positive lock arrangement.

Cylinder is dynamically and statically balanced. Flywheel and auxiliary blower not required.

POWER UNIT:

Ford Industrial Engines-Standard. Available in the following models:

Model "300", 6-cylinder. 149 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "330", 8-cylinder, 155 B.H.P. with heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

EQUIPMENT-STANDARD WITH ALL MODELS:

Swing-away Feed Chute. Telescoping discharge chute with deflector bonnet, adjustable for height, with 360 degrees rotation for complete control for discharging right, left, or into a truck. Hinged Cover for easy access to cylinder. Matched set of high capacity "V"-Belts. Covered Battery Box. Tool box containing Knife Wrench, Sharpening Stone, Grease Gun and Operating Manual. Mechanical Governor. Paint - Color (customer option) either highway yellow Kem-Lustral F65YQ317, orange Kem-Lustral F65E1, or green Kem-Lustral F65G7.

WEIGHTS - (APPROXIMATED): M & M MODEL NO. POWER UNIT & DRIVE WEIGHT M-7 "300" with Clutch 3675 lbs.

M-8 "300" with Torque 3725 lbs.

M-9 "330" with Clutch 3825 lbs.

OPTIONAL EQUIPMENT: Tachometer Directional Signals Brakes Solenoid Throttle Control Engine Hour Meter Flashing Warning Light Engine Side Panels Fuel Gauge

WARRANTY

Machine & Parts -- 1 year

Service -- Ninety Days

Purchased Parts -- Subject to Original Manufacturer's Warranty.

The Company reserves the right to change the list price of its products without notice. It shall have the right to discontinue the manufacture of any model or type of product, and change design or add improvements at any time without incurring any obligation to install the same on M & M products previously purchased.

For further information, contact your nearest M & M Chipper Dealer, or contact the factory direct.

MITTS & MERRILL will engineer units to suit your needs and requirements.

168 BC-12

MITTS & MERRILL CHIPPER SPECIFICATIONS

MODELS M2, M3, M4, M11, M12, M13

TRAILER UNITS -- SERIES 120 (12 INCHES)

TRAILER: Frame All tubular steel, welded construction. Draw Bar Pintle eye-standard. Ball and socket-optional. Axle Coil spring torsion type, 2" O.D., tubular construction - 61-1/2" track. Wheels Two (2) - Semi-drop center. Tires Two (2) - 15" 8-ply rated - commercial Fenders Two (2) Safety Chains Standard. Parking Wheel Screw action to raise and lower. Rear Stand Folding type.

Combination tail light and license plate holder furnished.

CHIPPING UNIT: Housing Steel plate, welded construction. Feed Opening 10" x 12" Cutting Bar 7/8" x 2-7/8" x 12-1/2" -- Special steel and heat-treated. Dia. of Cylinder 16" Length of Cylinder 12" Cylinder Material Flame cut steel plate. Dia. of Shaft 3" Bearings Two (2) 2-11/16" Dia., single row, piloted and flange mounted. R.P.M. of Cylinder 3000 Number of Knives Nine (9) Knife Dimensions 4-1/4" x 2-3/8" x 1/2" Type of Knife Double-edged, special knife steel, heat- treated, and with positive lock arrangement.

Cylinder is dynamically and statically balanced. Flywheel and auxiliary blower not required.

POWER UNIT:

Ford Industrial Engines-Standard. Available in the following models:

Model "172", 4-cylinder, 59 B.H.P. with torque converter. Engine is calibrated at 2500 RPM.

Model "240", 6-cylinder, 124 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "300", 6-cylinder, 149 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "330", 8-cylinder, 155 B.H.P. with heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

(Graphics omitted) Mitts & Merrill Brush Chipper

engineered for years of maintenance-free service

improved to do all jobs(Illegible Words)

[] telescoping discharge chute

The new telescoping discharge chute gives the operator maximum flexibility in getting jobs done easier and in less time. The chute is adjustable to various heights, and rotatable . . . a combination that means dump boxes can be filled quickly from corner to corner with minimum spill. An adjustable bonnet at the end of the chute also permits discharge to either side, or forward, providing complete freedom in cases such as road right-of-way maintenance where chips may be left on the ground.

[] swing-away feed chute

Knife removal and throat bar adjustments are made relatively easy by the swing-away feed chute. The cutting cylinder is completely exposed when the chute is moved to the side and the hinged cover is lifted. These two features are exclusive with Mitts & Merrill Brush Chippers.

[] staggered knife pattern

The staggered knife pattern, found only on Mitts & Merrill Brush Chippers, provides more cuts per revolution. This results in smoother, more efficient cutting action that reduces material by shaving action rather than the conventional chopping motion. The double-edged knives are securely held in place by a wedge-lock which can be easily disengaged for knife reversal.

[] More outstanding features

Safety-lock pin

The double-edged knives have a positive safety locking pin between the wedge block and the special tool steel knife. This safety feature prevents throw-out of knives not properly tightened.

Easy loading

The feed chute is low to the ground and designed to permit wide-angle loading of brush and free limbs. No pushing is required . . . the cylinder draws the material into the cutting chamber quickly and safely.

All-steel cylinder

The solid steel plate cylinder is supported by a heavy-duty flange mounted ball bearing assembly. The cylinder, rotating in an all-steel welded cutting chamber, has a built-in flywheel and blower arrangement, eliminating the need for any optional equipment for blowing material into the discharge chute.

Excellent roadability

The low profile, strong tubular frame and torsion spring axle assure better roadability over any type of terrain. The certified 100-pound weight at the trailer hitch reduces wear and tear on towing vehicle and adds to the over-all strength and rigidity of the equipment.

Over 70 years of experience . . .

Mitts & Merrill has over 70 years of experience in producing and improving wood reduction machinery. The equipment offered today by Mitts & Merrill is the highest quality, best performing . . . first choice of municipalities, public utilities, highway departments, tree surgeons and others who seek economy in equipment operation through many years of maintenance-free service. The Mitts & Merrill Brush Chipper is the standard by which all brush chippers are judged. You buy it with confidence.

TRAILER UNITS -- SERIES 120 (12 INCH) Total Approximate Pounds Shipping Model Engine Drive Chipping Capacity Weight M-2 Ford "172" Torque Converter Up to 6" Dia. Logs 3350 M-3 Ford "240" Clutch Up to 6" Dia. Logs 3480 M-4 Ford "240" Torque Converter Up to 6" Dia. Logs 3530 M-11 Ford "300" Clutch Up to 8" Dia. Logs 3500 M-12 Ford "300" Torque Converter Up to 8" Dia. Logs 3550 M-13 Ford "330" V8 Clutch Up to 8" Dia. Logs 3675

TRAILER UNITS -- SERIES 160 (16 INCH) Total Approximate Pounds Shipping Model Engine Drive Chipping Capacity Weight M-6 Ford "240" Torque Converter Up to 6" Dia. Logs 3700 M-7 Ford "300" Clutch Up to 8" Dia. Logs 3675 M-8 Ford "300" Torque Converter Up to 8" Dia. Logs 3725 M-9 Ford "330" V8 Clutch Up to 8" Dia. Logs 3825

All trailers are equipped with tires, fenders, taillight, license plate holder, rear support jack, covered tool box, covered battery box, choice of ball or pintle eye hitch on telescopic draw bar, and adjustable front landing wheel. Machines are painted with prime coating plus hi-gloss enamel with color choice optional.

WARRANTY

Parts -- One year; Service Adjustments -- 90 days: Purchased parts are subject to original manufacturers guarantees.

Mitts & Merrill reserves the right to discontinue the manufacturer of any model, to redesign and to add improvements to existing models without incurring any obligation to install same on products previously furnished.

. . . then note how many features are exclusive with Mitts & Merrill Brush Chippers Mitts & Merrill General Brush Chipper Specifications Specifications Trailer frame All tubular steel, welded construction Suspension * Coil spring, torsion type Feed chute * Swing-away type Cutting chamber cover Hinged type Cylinder * 16-inch diameter, dynamically balanced with staggered knife design Cylinder material Flame cut steel plate RPM of cylinder 2,800 to 3,000 Type of knife * Self-adjusting, double-edged, positive-lock type Diameter of shaft 3 inches Feed opening * 10-inch by 12-inch, or 10-inch by 16-inch Bearings 2-15/16 inch diameter, single row, piloted and flange mounted Flywheel * Unnecessary Power Ford 172, 240, 300 or 330 cubic-inch displacement Drive * Torque converter or clutch Blower Standard equipment

ID: nht68-1.11

DATE: 09/27/68

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Blaw-Knox Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 11, 1968, in which you provided certification information.

With reference to the Service Bulletin dated "4-10-68" in the second paragraph you state that mixer units mounted at the factory will display a "Certification of Compliance" plate. Blaw-Knox, when it is the party mounting a mixed to a chassis-cab, must insure compliance with Federal Standard No. 108 in effect on the date of manufacture of the chassis-cab, but it is required to furnish certification only when the completed vehicle is being shipped to a dealer or distributor for sale to the ultimate purchaser. No certification is required when such a purchaser brings a chassis-cab to the factory for mixer installation. With reference to the third paragraph, it is not necessary for you to supply a certification plate for mixer equipment, which is shipped from the factory for mounting elsewhere. Compliance with Federal Standard No. 108 is the responsibility of the party who mounts the mixer to the chassis-cab.

Since the chassis-cab manufacturer will have provided serial number information sufficient to determine the requirements of Standards No. 108 in effect on the date of manufacturer of the chassis-cab, it is not necessary to include the mixer serial number on the certification plate. We would suggest that you may comply with the certification plate. We would suggest that you may comply with te certification requirements of Section 114 of the Act when you deliver the completed vehicle to a dealer or distributor for sale to the ultimate purchaser by wording your certification as follows:

"Blaw-Knox Company certifies to the distributor or dealer that it has mounted the mixer unit to the chassis and that the completed vehicle conforms with Federal Motor Vehicle Safety Standard No. 108."

A notice of proposed rule making which will result in more specific requirements with reference to certification will be published in the Federal Register in the near future. A copy of the notice will be sent Blaw-Knox.

Sincerely,

July 11, 1968

U.S. Department of Transportation Federal Highway Administration National Highway Safety Bureau

Attention: Joseph R. O'Gorman -- Acting Director, Office of Performance Analysis Motor Vehicle Safety Performance Service

Subject: Motor Vehicle Safety Standard No. 108

Gentlemen:

The following information is being sent to you at the direction of Mr. David A. Fay, Office of Standards on Accident Avoidance, Motor Vehicle Safety Performance Service, per his letter of June 27th, 1968 (copy enclosed).

Mr. Fay's letter was in answer to the writer's letter of May 6th (copy enclosed) requesting approval of the method being used by Blaw-Knox Company in order to comply with the certification requirements of Motor Vehicle Safety Standard 108. Mr. Fay indicated that the following additional information would be required.

1. The location on the vehicle at which the certification label or tag will be placed: This location is indicated on Blaw-Knox drawing C-8450-911 (enclosed).

2. Actual sample certification tag: Enclosed

3. The means by which the certification tag will be attached: Also indicated on drawing C-8450-911.

Should any additional information be required please write or call Blaw-Knox Company, Construction Equipment Division, Mattoon, Illinois.

Very truly yours,

BLAW-KNOX COMPANY

Construction Equipment Division --

J. M. Wright,

Assistant Sales Manager

Enclosures

ID: nht68-1.12

DATE: 03/16/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Mitts & Merrill Brush Chippers, Inc.

TITLE: FMVSS INTERPRETATION

ID: nht68-1.13

DATE: 05/07/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Utility Body Company

TITLE: FMVSS INTERPRETATION

ID: nht68-1.14

DATE: 03/15/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Gruppe Autoelektrik

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of March 7, 1968, to Mr. George C. Mield, concerning the requirements for motorcycle headlamps as specified in Motor Vehicle Safety Standard No. 108.

On motorcycles Standard No. 108 permits the use of unsealed head-lamps conforming to SAE Standard J524. You will note that this SAE Standard(Illegible Words)not reference bulb sockets conforming to SAE Standard J567, which is intended to insure functional compatibility between bulb sockets and the bulbs lasted in SAE Standard J573. Therefore, the bulbs used in motorcycle headlamps conforming to SAE Standard J584 need not conform to SAE Standard J573.

Thank you for writing.

Sincerely,

US Department of Transportation Federal Highway Administration National Highway Safety Bureau Attention George C. Nield Acting Director

Subject: Safety Standard 108

Dear Mr. Nield,

With your letter of July 10, 1987, you informed me that secondary and related SAE standards are indirectly part of the above-mentioned standards.

I have concluded from your statement that employment bulbs according to SAE standard J573 is compulsory from the date of entering into force of standard 108.

A special problem is the design of motor cycle head-lamps to conform with the new safety standard 108 of January 1, 1969.

Indeed, safety standard 108 prescribes for motor cycle headlamps SAE standard J 584 of April 1964. This standard relates to J 575 d of August 1967. Both standards allow in principle unsealed units for motor cycle headlamps.

However, in the next related standard J 573 "lamp bulbs and sealed units" no appropriate bulb can be found suitable for unsealed headlamps.

Therefore I feel that also for motor cycle headlamps only sealed units are permitted from January 1, 1969.

I should be very grateful to have a rapid answer from you since we have no more much lead time for redesigning and re-tooling our motor cycle headlamps.

Sincerely yours, ROBERT BOSCH GMBH Gruppe Xutoslektrik,

ID: nht68-1.15

DATE: 09/12/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: California Highway Patrol

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of August 19 inquiring as to the certification responsibility of manufacturers or assemblers of dune buggy kits with respect to conformance with the Federal Motor Vehicle Safety Standards. But the issue you raise is far broader and involves the whole area of owner-assembled motor vehicles.

You have stated:

"It is our interpretation that Federal Standard 108 is not applicable to dune buggies that are owner-constructed or reconstructed for the builders personal use."

This interpretation is incorrect. It is a violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 for any person to:

". . .introduce or deliver for introduction in interstate commerce . . .any motor vehicle. . manufactured (or assembled) on and after the date any applicable Federal motor vehicle safety standard takes effect . . .unless it is in conformity with such standard . . ."

This means that the final assembler of a dune buggy whoever he is, must insure that the completed vehicle conforms to all applicable Standards including No. 108. In the case of dune buggies, this means Standards applicable to multipurpose passenger vehicles since a dune buggy is "constructed. . .with special features for occasional off-road operation." (23 C.F.R. @ 255.3(b)).

It is our understanding that a dune buggy consists of a newly manufactured body mounted on the modified chassis of a passenger car previously in use. An issue is raised by the facts that dune buggies are assembled from both new and used items of motor vehicle equipment and that there is language in the Act which appears to exempt "any motor vehicle or item of motor vehicle equipment after the first purchase of it in good faith for purposes other than resale" (section 108(b)(1). However, since the modification involving used components goes far beyond customizing a used vehicle and results in the end product having a different classification under the Federal Standards and a different purpose than the original vehicle a dune buggy is a "new" motor vehicle for purposes of the Act.

Continuing your interpretation you further state:

"However, those sold as kits or by a manufacturer are required to comply with Federal Standard 108."

Only assembled vehicles are required to conform to most Federal Standards including No. 108, and there is no legal requirement under the Act that a kit seller furnish lighting equipment meeting the various SAE requirements specified in that Standard. Some Federal Standard however, do establish requirements applicable to equipment items as well as to assembled vehicles. If a kit manufacturer furnishes hydraulic brake hoses (Standard No. 105), new pneumatic tires (Standard No. 109), glazing materials (Standard No. 205), seat belt assemblies (Standard No. 209), and wheel discs, wheel covers, or hub caps (Standard No. 211), then these items must conform to the applicable Standard.

Finally, there appears to be some misunderstanding of the certification required by section 114 of the Act. This certification is required to be furnished only by a manufacturer or distributor, and only to a distributor or dealer upon delivery of a motor vehicle or equipment item to which a Standard or Standards are applicable. No certification is required to be given by a manufacturer to a party not a distributor or dealer. Nor is there any requirement that the assembler per se certify the vehicle. This of course, does not relieve the assembler of his independent obligation to insure that the assembled vehicle meets Federal Standards.

I hope this answers your questions.

Sincerely

Robert M. O'Mahoney

Assistant Chief Counsel for Regulations

August 19, 1968

Ref: 61.A1117.A518

David Fay Office of Standards on Accident Avoidance Motor Vehicle Safety Performance National Highway Safety Bureau

Dear Mr. Fay:

A question has arisen on the application of Federal Motor Vehicle Safety Standard No. 108 to certain types of constructed dune buggies.

Dune buggies are constructed from various vehicle chassis and bodies but most commonly from Volkswagens. The three basic methods of constructing a dune buggy are:

1. New and used vehicle bodies and chassis are converted into a dune buggy by changing the chassis.

2. New and used vehicle bodies and chassis are converted to dune buggies by modifying both the body and chassis.

3. Dune buggy kits are sold which are comprised of various modified vehicle components.

Vehicle owners have been converting their cars into dune buggies and then, after they are through using them, sell them. Kit manufacturers sell kits to a customer, who in turn assembles the vehicle himself. These are the usual methods of making dune buggies other than buying them directly from a dune buggy manufacturer who assembles the entire vehicle from his own plans.

It is our interpretation that Federal Standard 108 is not applicable to dune buggies that are owner-constructed or reconstructed for the builders personal use. However, those sold as kits or by a manufacturer are required to comply with Federal Standard 108.

A question has arisen concerning whether or not it is the responsibility of the kit seller to certify that the kit, when assembled, will comply with the Federal standards or if the assembler must certify that the completed vehicle complies with the Federal Standards. There is no question of the necessity to certify the vehicle if it is manufactured or assembled by a dune buggy manufacturer. The California Vehicle Code requires dune buggies to comply with the equipment and lighting requirements of California. Inasmuch as the effect of Federal Standard No. 108 on these types of vehicles has been questioned, we request your opinion or concurrence on our interpretation of the applicability to the standard of these vehicles.

Very truly yours,

WARREN M. HEALTH --

Commander

Engineering Section,

DEPT. OF CALIFORNIA HIGHWAY PATROL

ID: nht68-1.16

DATE: 07/25/68

FROM: AUTHOR UNAVAILABLE; John D. Robinson; NHTSA

TO: Robert Bosch GMBH

COPYEE: DEPT. OF TRANSPORTATION

TITLE: FMVSS INTERPRETATION

TEXT: This will acknowledge receipt of your letter dated May 21, 1968 copy of which was forwarded to the Secretary of Transportation, concerning the application of Federal Safety Standard 108 to lighting unise that are now being manufactured by Robert Bosch Gmbh.

The joint regulations of the Bureau of Customs and the Department of Transportation, copy enclosed, provides in section 12.80(b)(2)(i) for the importation of a non-conforming vehicle or equipment item if they were manufactured on a date when there were no applicable safety standards in force. Therefore, these lighting units manufactured prior to January 1, 1969, and offered for importation into the United States do not have to be in conformity with Federal Safety Standard 108.

Since your inquiry concerns a specific safety standard not yet in effect, we are forwarding your letter to the Department of Transportation, Highway Safety Bureau, Washington, D.C., for their consideration and direct reply.

Sincerely yours,

Enclosure 50359

ATTACH.

ROBERT BOSCH GMBH

Lester D. Johnson -- Commissioner of Customs, Department of the Treasury/ Bureau of Customs

CC: Alan S. (Illegible Word) Secretary of Transportation

May 21, 1968

Subject: Title 19-Customs Duties (T.D. 68-16) - Part 12-Special Classes of Merchandise - Importation of Motor Vehicles and Items of Motor Vehicle Equipment - Federal Register Vol. 33, No. 6 of January 10, 1968.

Gentlemen:

With the above mentioned publication, certain conditions are imposed for the importation of motor vehicle equipment into the United States.

In our opinion, one case occuring in practice is not covered by the exception granted under section (b). This is the case when replacement items are delivered for automotive vehicles manufactured before entering into force of a relevant Federal Safety Standard.

We are for instance to deliver lighting units equipped with white parking lamps for passenger cars which are evidently not conforming to Federal Safety Standard 108.

The problem is now, whether it is possible and missible to import such items and other ones into the United States after January 1, 1969. We add that it is well evident that such items are needed after this date, because vehicles are already equipped in such a manner and it would in our opinion be too costly to replace two lighting units conforming to the relevant Federal Safety Standard, if only one replacement unit not conforming to the relevant Federal Safety Standard is needed for a passenger car manufactured before January 1, (Illegible Words)

We should be very glad to have a repid answer from you, since we have already now to care for corresponding replacement units. Leadtime is already now very scarce.

Very truly yours,

A. Hammerstein

ID: nht68-1.17

DATE: 04/30/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: JOSEPH LUCAS LIMITED

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of March 1, 1968, to the Deputy Director, National Highway Safety Bureau, concerning your interpretation of certain requirements of Motor Vehicle Safety Standard No. 108.

The installation requirements contained in the SAE Standards that are referenced in Standard No. 108 are enforceable requirements unless specifically excepted by Standard No. 108. With respect to the installation of license plate lamps, Standard No. 108 provides an exception to the "Installation Recommendations" contained in SAE Standard J587b, in that Standard No. 108 requires a location "at rear license plate." This exception permits installation of the lamp at the top, sides or bottom of the license plate, instead of top and sides only as specified by SAE installation recommendations.

With two exceptions, the lighting devices required by Standard No. 108 must use bulbs conforming to SAE Standard J573b and bulb sockets conforming to either SAE Standard J56b or SAE Standard J822. The two exceptions are (1) motorcycle headlamps conforming to SAE Standard J584, and (2) disposable (throw-away) type lamp assemblied (other than sealed-beam headlamps) that do not use sockets. Sealed-beam headlamps must conform to SAE Standard J567a and J580a which, in turn, require sealed units conforming to SAE Standards J567b or J822. The disposable type lamps ((2) above) are excepted from the requirements of SAE Standard J567b since thy are equipped with non-replaceable bulbs and electrical connectors rather than sockets. It is to be noted that Standard No. 108 is not applicable to motorcycles until January 1, 1969.

Sincerely,

The Administrator Federal Highway Administration U.S. Department of Transportation

For the attention of Deputy Director National Highway Safety Bureau

Dear Sir,

We wish to refer to U.S. Federal Standard 108 and two problems which we foresee in meeting the requirements.

1. Illumination of Licence Plates

We have been considering the implications of a recent report that the Federal Safety by Authorities are treating the 'Installation Recommendation' in S.A.E. J587b (Licence Plate Lamps) as an enforceable part of the Standard.

Since this paragraph is not part of the Test Specification, it is not wholly within our power to ensure compliance with it, since we cannot always be sure that a vehicle manufactures will locate a given number plate scheme in the attitude which we recommend. There is nothing to stop Adminvorrthing the whole scheme while continuing to comply with the photometric specification.

Thus, we are greatly concerned that a passage which is specifically stated to be a recommendation should be enforced. There has, up to the present, been no information to this effect. We have always understood that it is not the intention of the Society of Automotive Engineers that their recommendations should be enforced and that only when such a recommendation has been given a thorough trial may it then be made into a standard.

The Tail-lamp J585 and Turn-signal lamp J588 standards contain installation requirements. We should like to know if these are also being regarded as a part of the Standard and are being enforced.

2. Lamp Bulbs

There have also been indications that only those bulbs listed in S.A.E. Standard J573b will be acceptable under the new Federal Standard. The various S.A.E. standards for different functions of lamps all refer to Section C of S.A.E. standard J575 which in turn refers to standard J575b, but also states that where special bulbs are specified they should be submitted in with the devices and the same or similar bulbs should be used in the tests. The implication of this is that lamps not having bulbs fitted to them which comply with the S.A.E. standard could be submitted with samples of their own bulbs, and the lamps would be acceptable in this form.

The use of cartridge bulbs presents rather a special case since many of the signalling lamp standards (notably the back-up lamp standard J 595b) also call up the bulb-socket standard J 567, and the Federal Standard itself calls up the Recommended Practice J822, so that there is no provision for a suitable socket for the cartridge bulbs. This will therefore be the subject of a separate petition.

However, Motor-cycle headlamps are rather different. In this case no bulb socket standard is called up. We have always sent over motor-cycle headlamps fitted with bulbs with British pre-focus caps. The majority of British motor-cycles transmit too much vibration to the headlamps for sealed-beam units to be practical. If it is the intention to require that only bulbs listed in the S.A.E. standard shall be fitted to all motor vehicles, then a situation will arise where there will not be suitable headlamps available for British motor-cycles.

We submit the above points for consideration and would be pleased to know whether our interpretation of the Standard and whether the difficulties we anticipate are, in fact, real, and to know what line is ought to take in order to comply with the Standard.

Yours truly,

JOSEPH LUCAS (ELECTRICAL) LIMITED --

M.D. Prickett, Chief Engineer - Special Duties