ID: 8815

Mr. Ernest Farmer
Director, Pupil Transportation
Tennessee State Department of Education
Office of Commissioner
Nashville, TN 37243-0375

Dear Mr. Farmer:

We have received your letter of June 25, 1993, with respect to your plan to retrofit three school buses with strobe lights for "the traditional incandescent lights currently used in the eight light overhead warning system on school buses." You ask whether this equipment would "conflict with the provisions of FMVSS 108."

Yes, the substitute system would not conform to S5.1.4 of Standard No. 108 because it is not a school bus signal lamp system meeting the requirements of SAE J887 School Bus Red Signal Lamps, July 1964. Moreover, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(a)(2)(A)) prohibits a manufacturer, dealer, distributor, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed in accordance with a Federal motor vehicle safety standard. However, the prohibition does not extend to the vehicle owner. We assume for purposes of this interpretation that the State is the owner of the school buses, and owns the repair facilities where the conversion will occur. Under these circumstances, there is no Federal legal prohibition against the State's conversion to the strobe light system if the work is performed in its own repair shops.

Sincerely,

John Womack Acting Chief Counsel

ref:108#VSA d:7/l3/93

ID: 8816

Mr. Charlie McBay
Chief Engineer
Barrett Trailers, Inc.
P.O. Box 890670
Oklahoma City, OK 73189-0670

Dear Mr. McBay:

We have received your letter of June 13, 1993, asking that this Office review the two drawings you enclosed "for compliance with the upcoming conspicuity requirement", and "ask that our installation have your approval."

Under the National Traffic and Motor Vehicle Safety Act the manufacturer has the responsibility of determining whether its product conforms and then certifies its compliance with all applicable Federal motor vehicle safety standards. The Act does not provide authority for the agency to "approve" or "disapprove" any specific solution to methods of conformance. For this reason, we are unable to advise you in the manner you seek.

However, the agency does provide interpretations when specific questions are asked with respect to the requirements of the standard, and we are pleased to respond accordingly to your inquiries. You have raised four issues for our comment.

1. You have called to our attention that the "outside post" design of the trailers is configured so that the spacing of the posts along the length of the trailers is not the same. The retroreflective material will be evenly spaced in most areas, but breaks between material vary. You have asked whether this will "suffice for evenly distributed."

Under S5.7.1.4.2(a) of Federal Motor Vehicle Safety Standard No. 108, retroreflective sheeting applied to each side of a trailer need not be continuous "as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable." As we have advised many times, under Standard No. 108 the determination of practicability is to be made by the manufacturer in fulfillment of its obligation to certify that its product conforms to all applicable Federal motor vehicle safety standards. NHTSA believes that, as a general rule, a manufacturer is in the best position to determine what is practicable for its particular design. However, if that determination appears erroneous on its face, NHTSA will question it. Were you to manufacture trailers with the side conspicuity treatment spacings depicted on your drawings, NHTSA would not question your determination of practicability.

2. You have asked "if an area exists where a minimum 12" strip will not fit, can we install smaller material or must this area stay blank?"

As noted above, under S5.7.1.4.2, a strip of retroreflective material need not be continuous "as long as not less than half of the length of the trailer is covered." Therefore, if exclusion of the area in question would not result in less than half of the length of the trailer being covered, the area may be left blank.

If additional sheeting is required for a trailer to meet the length requirement, or if a manufacturer simply wishes to add it, it need not be "a minimum 12" strip." S5.7.1.3(d) of Standard No. 108 specifies that each segment of retroreflective sheeting shall have a length of 300 mm (i.e., 12 inches) +/- 150 mm. Therefore, a segment of sheeting as short in length as 150 mm (6 inches) could be applied to the area in question in compliance with the standard. An even shorter segment is permitted if necessary "to clear obstructions" if that should be the reason in your instance where a strip of 300 mm will not fit.

If the length of the area in question is smaller than 150 mm and its coverage is required for the conspicuity treatment on the trailer to meet the length requirement, then any length of material is acceptable.

3. You have asked us to note that the white strips in the upper rear corners do not meet. You have asked "Must white be touching or can there be a gap between the strips?"

Figure 30 "Typical Trailer Conspicuity Treatments" depicts two configurations in which the white strips of retroreflective material intersect at right angles in the upper rear corners. The requirement that Figure 30 illustrates is set forth in S5.7.1.4.1(b), which specifies, in pertinent part, "two pairs of white strips of sheeting, each pair . . . applied horizontally and vertically to the right and left upper contours of the body . . . as close to the top of the trailer and as far apart as practicable." There is no explicit requirement in this paragraph that the horizontal and vertical strips intersect or touch. There is an implicit requirement in the specification that the strips be "as close to the top and as far apart as practicable", but the requirement is subject to the manufacturer's determination of practicability. In other words, if the manufacturer's determination of practicability results in a gap between the strips, NHTSA will not question this determination unless it appears clearly erroneous.

4. You represent that your design makes it impossible "to make a nice continuous square corner", and that "[i]nstallation of the white corners is also closer than 3" from red top rail lights." You ask whether there is "any tolerance on the 3" dimensions?

There is no tolerance on this requirement. S5.7.1.4(b) states that "The edge of white sheeting shall not be located closer than 75 mm to the edge of the luminous lens area of any lamp that is required by this standard." The diagrams you enclose depict the horizontal white strip directly below the clearance lamps, which are required by Standard No. 108, so that each design does not accord with Standard No. 108.

We have some comments on each design. On "Model 80MP6-DD" it appears to us that, under a determination of practicability, the white strips could be lowered until the required minimum spacing between it and the clearance lamp was achieved. There is no prohibition against placing the material on the roll-up door.

The trailer identified as "GNXS-207" raises a more difficult problem because there appears to be no place where the strips could be relocated. Consideration must be given, therefore, to relocation of the clearance lamps. Under Table II of Standard No. 108, clearance lamps are intended to "indicate the overall width of the trailer". Although clearance lamps should be "as near the top . . . as practicable", they need not be "[w]hen the rear identification lamps are mounted at the extreme height of a vehicle" (S5.3.1.4). The rear identification lamps on GNXS-207 are mounted at the extreme height of the vehicle. The clearance lamps could be relocated to the fender where the stop, turn, and taillamps are presently installed. In that location, the clearance lamps would also be better able to fulfill the intent that they indicate the overall width of the trailer, which appears to occur at the fender rather than at the upper part of the body.

We hope that these interpretations are helpful.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:7/14/93

ID: 8830

Mr. Kenneth E. Ross
752 Hillpine Terrace
Atlanta, GA 30306

Dear Mr. Ross:

This responds to your letter requesting information about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ("Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs).

In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act 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.

Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render 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 ...." It is conceivable that your product, when placed on a vehicle's rear window, could "render inoperative" the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111.

The "render inoperative" prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility.

We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.

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,

John Womack Acting Chief Counsel

Enclosure ref:108#111 d:8/13/93

ID: 8832

Mr. Charles Jennings
1330 Heathwick Lane
Houston, TX 77043

Dear Mr. Jennings:

This responds to your letter received in this Office on July 2, asking for an opinion of your invention, the Alternating Wavelength Low-Beam (AWL).

The AWL "connects to the already existing low beam headlights, by just plugging it between the electrical sockets and the lights." The effect of the device is to create "light modulations of less than 17 per second, alternating from one of the two existing low-beam headlights to the other, and at the same time, changing wavelengths slightly, from one to the other (not flashing on and off)."

We have no opinion on the safety merits of your invention but can provide you with an interpretation of its relationship to Federal law. The AWL appears intended as an aftermarket device. There are no Federal restrictions on the sale of this device. Nor is there any Federal restriction upon installation of the AWL when it is installed on a vehicle by its owner. Such an installation appears a distinct possibility from your brief description of it. At this point, the question of the legality of its use is determined under the laws of the States where the AWL is operated. You represent that its operation in Texas is acceptable to the Department of Public Safety. However, this opinion would not be binding on other States. We are unable to advise you on the legality of using the AWL in the various States and suggest that you ask for an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

However, the National Traffic and Motor Vehicle Safety Act (the Act) prohibits most persons other than the owner (specifically, manufacturers, distributors, dealers, and motor vehicle repair businesses) from acts that may "knowingly render inoperative", in whole or in part, safety equipment that the vehicle manufacturer has added pursuant to a Federal motor vehicle safety standard. The lower-beam headlamps are original equipment installed by the vehicle manufacturer under Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 requires headlamps to be steady-burning in use, though means may be provided to flash them on and off automatically for signalling purposes. Because the modulation created by the AWL results in a headlamp beam that is neither steady burning nor an on-off signal flash, the vehicle's headlamp system would no longer be in compliance with Standard No. 108. In our view, the headlamp system's performance would have been rendered partially inoperative within the meaning of the Act's prohibition when the AWL is sold in the aftermarket and installed by a manufacturer, distributor, dealer, and motor vehicle repair business. The Act provides for a civil penalty of up to $1,000 for each violation of the prohibition.

We hope that you find this information useful.

Sincerely,

John Womack Acting Chief Counsel

ref:108#VSA d:8/2/93

ID: 8834

Mr. Dave Beidleman
Arizona Department of Transportation
Equipment Services

FAX 602-258-5193

Dear Mr. Beidleman:

We have received your FAX of July 2, 1993, to the attention of Taylor Vinson of this Office, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it pertains to the location of rear identification lamps.

The rear configuration of l0 dump trucks that are being constructed for the Arizona DOT is such that you would like to raise the center lamp of the three-lamp identification lamp cluster approximately 1 1/2 inches; the two outer lamps of the array cannot be raised due to the positioning of the underbody tailgate release mechanism.

Table II of Standard No. 108 requires that the identification lamps be mounted "as close as practicable to the top of the vehicle, at the same height, and as close as practicable to the vertical centerline." In our opinion, the lamps in an identification lamp cluster must be equally spaced laterally and mounted at the same height in order for the identification lamp system to perform its intended purpose. Therefore, I am afraid the agency cannot accept a lamp display that differs. Although the lamps could be mounted on the rear of the cab, we understand that in that position they could be obscured by the top lip of the dump body.

We realize that the contractor has pre-punched holes for the lamps, which would be flush-mounted in the rear cross sill of the truck body. If a way were found to cover the holes, there are surface-mounted lamps available which could be mounted at the same height (your desired height for the center lamp) in a manner than should not affect the positioning of the underbody tailgate release mechanism.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:7/29/93

ID: 8836a

Mr. Howard Schecter
P. O. Box 61353
Honolulu, HI 96839

Dear Mr. Schecter:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number - basic requirements (49 CFR 571.115). In a telephone conversation with Dorothy Nakama of my staff, you explained that you own a three-wheel motorcycle built with all used parts. The engine and other parts are from a used Corvair passenger car, and additional parts are from used motorcycles. Your letter asks whether your motorcycle must be assigned a vehicle identification number (VIN). The answer is no.

Standard No. 115 applies to new motor vehicles, including motorcycles. NHTSA does not consider your motorcycle as new, since it was built entirely out of used parts. Since Standard No. 115 applies only to new motor vehicles, and NHTSA does not consider your motorcycle to be new, the motorcycle's rebuilder need not, under NHTSA's regulations, assign a VIN to the motorcycle.

Your letter stated that the State of Hawaii's Reconstructed Vehicle Department (RVD) would not register your motorcycle since it has no VIN. Registration procedures for motor vehicles are set by each State, not NHTSA. However, we suggest that you show this letter to the RVD officials to explain that your motorcycle need not be assigned a VIN under NHTSA's regulations.

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

Sincerely,

John Womack Acting Chief Counsel ref:115 d:8/16/93

ID: 8838

Mr. Ron Marion
Sales Engineer
Thomas Built Buses, Inc.
P.O. Box 2450
1408 Courtesy Road
High Point, N.C. 27261

Dear Mr. Marion:

This responds to your inquiry about the applicability of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, "Safety Act") requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm "on the left side of the bus." (S5.4) The purpose of this standard is "to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus." (S2)

When NHTSA specified that the stop arm must be placed on "the left side of the bus," the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, "the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window." (Emphasis added). This provision indicates that the agency assumed that the "left" side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle.

Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the driver's side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely,

John Womack Acting Chief Counsel

ref:131 d:8/l6/93

ID: 8840

Mr. Ray M. Miyamoto
Apt. B-407
95-2055 Waikalani Pl.
Mililani, HI 96789

Dear Mr. Miyamoto:

This responds to your letter on June 19, 1993, requesting permission to retrofit older cars with air bags. I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Among other things, Standard No. 208 requires that cars be equipped with automatic crash protection. Light trucks will also be required to provide automatic crash protection, beginning with the 1995 model year. "Automatic crash protection" means that a vehicle is equipped with occupant restraints that require no action by vehicle occupants. The performance of automatic crash protection is dynamically tested, that is, the automatic systems are required to comply with certain injury reduction criteria as measured by test dummies in a barrier crash test at speeds up to 30 mph. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used.) A new Federal statutory requirement will make air bags mandatory in all new cars and light trucks by the late 1990's.

After the first purchase of a vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:

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

This "render inoperative" provision would prohibit you, as a commercial repair business, from installing an aftermarket air bag in a manner that would negatively affect the vehicle's compliance with any applicable safety standard. This provision does not require you to ensure that the vehicle would have complied with Standard No. 208 if the air bag had been installed in the vehicle as original equipment, it only requires you to ensure that the installation does not "render inoperative" any of the devices or design elements which were installed as original equipment. You do not need to receive permission from NHTSA prior to opening your business, however, any violations of the "render inoperative" prohibition would subject you to a potential civil penalty of up to $1,000 for each violation. In addition, you may wish to consult state law concerning liability if you retrofit vehicles with air bags.

Given the safety benefits that air bags are now providing, we understand that many persons desire that air bags be made available to be retrofitted in vehicles which were not originally equipped with this life-saving device. However, this concept poses enormous engineering challenges. New car manufacturers design air bag systems for the car in which it is installed. In designing the air bag system, air bag size, shape, venting and inflator gas generation characteristics are predicated on the specific car interior, taking into consideration such factors as the seats, steering column crush stroke force resistance, gage array and location on instrument panel, location and nature of knee bolsters, and compartment acceleration responses in frontal crashes.

It is highly unlikely that a retrofit system for older cars can be devised that could provide the safety and functional characteristics of current new car systems which are integrated into car design from inception. Moreover, unless an air bag system was designed in light of the specific characteristics of the vehicle for which it was intended, it is possible that the air bag might not provide any safety benefits in a crash, or even create a safety problem (e.g., if it activated under inappropriate circumstances). I am enclosing a copy of an article from the April 29, 1993, Washington Post which also discusses the difficulties in installing air bags in used cars.

NHTSA is aware, however, that at least one major air bag manufacturer, Breed Automotive, is attempting to develop retrofit air bag systems for certain popular cars, trucks, and vans which were produced without driver air bags in the last few years. If you desire further information about this program at that company, Mr. William Textores (201) 299-6500 may be willing to provide you with such information. I must emphasize, however, that NHTSA does not endorse any commercial products.

I have also enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:208 d:7/29/93

ID: 8864

Mr. Zaher A. Obeid
President & CEO
Petrobeid of Syria
P.O. Box 3780
Damascus, Syria

Dear Mr. Obeid:

We have received your FAX of July 14, 1993, asking for comments on the "Zatalite" which you would like to sell in the United States in the near future.

The Zatalite is a message board intended to be installed in the rear window of motor vehicles. We have been asked before about this kind of device, and I enclose a copy of our letter of August 17, 1989, to Alan S. Eldahr explaining the circumstances under which installation of an electronic message board is and is not permissible under U.S. Federal law.

Your Figure 3(c) shows the Zatalite controls built into a steering wheel. We believe that you should review this method of installation to ensure that it does not affect compliance of vehicles equipped with airbags (installed in accordance with Federal Motor Vehicle Safety Standard No. 208), or, if the vehicle has no airbag, with Standard No. 203 (requirements intended to protect the driver in an impact with the steering control system).

I hope that this information is useful.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:VSA#108

ID: 8866

Mr. Charles D. Shipley
Director
Ohio Department of Public Safety
P.O. Box 7167
Columbus, OH 43266-0563

Dear Mr. Shipley:

Thank you for your letter of July 6, 1993, informing us of the views of your Department with respect to the legality under Ohio law of underbody-mounted neon lighting on motor vehicles.

You have asked for information and guidance in addressing the possible hazards and confusion presented by this aftermarket equipment. I am afraid that there is little we can do to help you. The agency has not made a study of possible safety hazards from this relatively new item of motor vehicle equipment, and yours is, perhaps, only the third letter this Office has received on the subject. I enclose a copy of our letter of April 21, 1992, to Allan Schwartz who inquired about such a system.

You have also asked for information on applicable Federal regulations. There is no Federal prohibition on the manufacture and sale of underbody neon lights. This appears to be an aftermarket system which is purchased and installed on vehicles in use. We have advised that, under these circumstances and under Federal law, there is no prohibition against owner-installation of underbody neon lights, and that use of such equipment is determinable under the laws of any State where a vehicle so equipped is operated. As we do not interpret State laws, we have referred our correspondents to the American Association of Motor Vehicle Administrators (AAMVA) for further information.

Installation of aftermarket underbody neon lighting by any manufacturer, distributor, dealer, or motor vehicle repair business is not prohibited under Federal law as long as it does not "knowingly render inoperative, in whole or in part, any device or element of design installed in or on a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard . . . ." (l5 U.S.C. 1397(a)(2)(A)). If it could be demonstrated that use of the neon lighting impairs the effectiveness of lighting equipment installed in accordance with Federal Motor Vehicle Safety Standard No. 108 then arguably the lighting equipment has been rendered partially inoperative and a violation of the prohibition may have occurred.

Your letter is the first expression we have had of possible conflict of underbody neon lighting with State laws and of potential safety issues related to this equipment. As such, it will assist us in replying to future inquiries on this subject. Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:18#108 d:7/29/93