ID: nht79-3.32

DATE: 08/27/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: The Berg Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 28, 1979, letter asking several questions about the compliance of your trailers with Standard No. 121, Air Brake Systems.

You first ask whether section S5.6.3 allows the use of service air to apply the parking brakes as long as a source of energy to apply the parking brakes is available at all times and is unaffected by any single failures in the service brake system. The answer to this question is yes. On August 9, 1979, the agency published in the Federal Register a notice amending section S5.6.3 of the standard to permit the type of parking brake system that you outlined in your letter.

In your second question, you ask whether your braking system complies with section S5.2.1.1. That section requires that a reservoir be provided that is capable of releasing the vehicle's parking brakes and that is unaffected by the loss of pressure in the service brake system. Your trailer has a tank and valve for each axle. You state that in the event of a service system failure including a failure of one of the tanks, that a reservoir is available such that when the supply line is pressurized to 55 psi, the vehicle's parking brakes will release. Assuming that your system operates as you have detailed in your letter, the agency concludes that it complies with S5.2.1.1 of the standard.

SINCERELY,

The Berg Manufacturing Company

June 28, 1979

Chief Counsel National Highway Traffic Safety Administration

Re: 49CFR 571.121

Dear Sir:

The purpose of this letter is to request an interpretation as to the compliance of an air brake system for trailers with FMVSS 121.

Figure 1 depicts a typical tandem axle trailer brake system. It has a tank and valve for each axle. In the event of a service system failure, including the failure of one of the air tanks, the parking brakes can be released by pressurizing the supply line to 55 psi. In operation, the system works as follows:

Charging the system. Tractor air pressure, from the supply (emergency) line enters the trailer valve. Below 55 psi, the supply line air goes directly to the emergency section of the spring brake chambers. Above 55 psi supply pressure, the air flows through the valve directly to the air tank.

Normal driving conditions. Air pressure in the trailer air tanks and valves maintains a normal pressure of 100 psi to 120 psi and is ready when it is necessary to apply the brakes of the trailer by the tractor brake valve through the control (service) line. The spring brakes are kept released, through a double check valve built into the valve, by either the tank pressure or the supply line pressure, whichever is greater.

Service braking. In normal brake applications, control air from the tractor actuates the relay piston in the trailer valve, which applies air pressure from the air tank to the service section of the spring brake chambers applying the brakes in a service mode.

Parking and/or emergency braking. When air presssure in the supply line drops below 45 psi, the emergency piston in the trailer valve closes the control line and applies pressure to the top of the relay piston which delivers tank air pressure to the service section of the spring brake chambers applying the brakes in an emergency mode. If the supply line pressure drops slowly, the emergency brakes apply slowly. If the pressure drops rapidly, the emergency brakes apply rapidly. It is possible to release the emergency brake application by re-establishing pressure in the supply line, which will exhaust the pressure applied to the brake chambers.

No system air pressure. With no air pressure in the system, the brake is applied by the spring in the spring brake chamber in a stable parking mode. No matter how the air pressure in the system decays, slowly or rapidly, the parking brake application never ceases as the spring force takes over as the air pressure decreases.

We have determined, by a careful review of the standard, that we clearly comply with the specific requirements of the standard except S5.6.3 and S5.2.1.1 with which we believe we comply with the intent. We have an interpretation from your office, dated March 14, 1977, that allows the use of service air to apply the parking brakes as long as a source of energy to apply the parking brakes is usable at all times and is unaffected by any single failure in the service brake system which clarifies that the system does comply with S5.6.3.

Careful reading of the various interpretations of which we are aware, leads us to believe that we do comply with S5.2.1.1. In the case of any single service system failure, including one of the air tanks, a protected reservoir is available and pressurization of the supply line to 55 psi will release the parking brakes.

We encourage any queries or comments and would be pleased to supply any further information you may require.

We look forward to receiving your reply to this letter.

Robert J. Crail Director of Engineering

cc: SERGIO CAMPANINI; DAVID SPILLER (Illegible Word) PRESSURE PROTECTED RELAY EMERGENCY VALVE.

FIGURE I

(Graphics omitted)

ID: nht79-3.33

DATE: 08/07/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: The Institute For Safety Analysis

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of July 9, 1979, concerning Federal Motor Vehicle Safety Standard No. 201, Occupant Protection in Interior Impacts.

Your research concerning the history of the standard is correct. The first notice of proposed rulemaking on Standard No. 201 (31 F.R. 15212, December 3, 1966) proposed a definition and requirements for the "unrestrained child impact area." When the standard was originally issued in final form (32 FR 2408, February 3, 1967), the unrestrained child impact area definition and requirements were deleted. In the same issue of the Federal Register, the agency issued an advance notice of proposed rulemaking stating that it intended to develop requirements to reduce impact hazards for unrestrained children (32 FR 2417). Although the agency did not subsequently publish any additional notices on Standard No. 201 specifically developed for the unrestrained child, the agency continued work on Standard No. 208, Occupant Crash Protection, and developed Standard No. 213, Child Seating Systems, both of which provide improved protection for children riding in motor vehicles.

The agency is currently studying the potential benefits of built-in interior padding, child restraint devices and other means of making the vehicle rear seat a safe environment for child transportation. This work may provide the basis for future rulemaking.

You are also correct that there were administrative law hearings held on Standard No. 201. The record of those hearings, which were held May 22 and 23, 1967, in Detroit, Michigan, and May 24 and 25, 1967, in Washington, D.C., can be found in Docket 1, microfilm roll number 2. Please contact Ms. Hardee (426-2768) of the agency's docket section to make arrangements to view this material.

I hope this information will be of assistance. If you have any additional questions, please let me know.

SINCERLY,

July 9, 1979

Frank Berndt Deputy Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Berndt:

The Institute for Safety Analysis (TISA) is a private organization providing assistance in auto safety matters to clients across the country. Our president, Dr. Robert Brenner, was the first Chief Scientist of NHTSA. We are currently working with a Florida law firm which has a case involving General Motors. In that connection, our staff has been reviewing some of the regulatory dockets at the Technical Reference Branch. We have encountered what appear to be some gaps, and we are writing to you for guidance.

During the course of our research of dockets concerning FMVSS 201, "Occupant Protection in Interior Impact -- Passenger Cars," questions have arisen regarding the phrase "unrestrained child impact area." This phrase was included in the Notice of Proposed Rule Making, (Illegible Word) Federal Motor Vehicle Safety Standards," Docket 3, Notice 1 issued November 30, 1966. On January 31, 1967, in an Advance Notice of Proposed Rule Making Docket 7, Notice 67-1, the phrase was deleted. The Agency noted its intent to develop requirements to reduce impact hazard for the unrestrained child. However, we have been unable to locate in any subsequent dockets any specific reference to the problem of the unrestrained child. We are hoping that you may be able to assist us in determining why later dockets did not identify requirements directed to the unrestrained child.

We also believe there were administrative law hearings on Standard 201. We have not found any materials from these hearings in our docket searches. Perhaps your office could direct us to a record of these proceedings, if they did, in fact, take place.

Thank you for your time and concern. Any assistance you can provide will be greatly appreciated.

Maureen Lindsey Director of Legal Research

ID: nht79-3.34

DATE: 06/18/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Cars & Concepts, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 21, 1979, letter concerning the marking requirements for vehicle windshields having shade bands. You asked whether the "A S1" marking symbol required by Safety Standard No. 205, Glazing Materials, can be placed on the tint band itself rather than on the glazing material below the band, if the tint band is a flexible sheet applied on top of the glazing.

Safety Standard No. 205 incorporates by reference the American National Standard "Safety Code for Safety Glazing Materials", ANS Z26. The ANS Z26 standard requires special additional markings for glazing that has shade bands or tinted areas:

"Glazing materials, which in a single sheet of material, are intentionally made with an area having a luminous transmittance of not less than 70 percent (Test No. 2), adjoining an area which has less than 70-percent luminous transmittance, shall be permanently marked at the edge of the sheet to show the limits of the area which is intended to comply with Test No. 2. The markings shall be A S1 or A S2, etc., the direction of the arrow indicating the portion of the material which complies with Test No. 2 and the number indicating the item with which that portion of the sheet complies . . . ."

You will note from the quoted portion of this specification that the special marking is only required if the tinted shade band area of the windshield has a luminous transmittance of less than 70 percent. Your letter states that the transparent windshield tint band that you intend to use allows 70 percent light transmission. Therefore, you would not be required to use the "A S1" special marking either on the band itself or on the glazing.

For removable tint bands of this type that do not have a 70 percent light transmission, however, the agency would permit the "A S1" marking to be on the tint band itself rather than on the underlying glazing, provided the marking is located at the lowest possible portion of the tint band.

Sincerely,

ATTACH.

May 21, 1979

Joseph J. Levin -- Chief Council, N.H.T.S.A.

Dear Mr. Levin:

Cars & Concepts is preparing a vehicle for 1980 production which incorporates a transparent windshield tint band. This band would allow 70% light transmission across its width and be located in accordance with SAE J-100.

This band would be applied to a piece of untinted glass and this condition forms the basis for my question. If we install a shade band across the top of a vehicle's windshield, are we required to sandblast the designation "AVSI" onto the glass below the band (I understand it is cited through reference in FMVSS No. 205)?

If this "AVSI" notice is required on untinted glass when a shade band is applied, I propose that it should be on the band itself as it is only when the band is on the car (it would be possible to remove the band) that this notice is required.

The N.H.T.S.A.'s decision on this point is critical to our project timing as brochure shots are scheduled and the addition or deletion of this component must be made prior to brochure release. Because of this your response as soon as possible will be greatly appreciated.

Enclosed is a photograph of a vehicle with a prototype version of the mentioned tint band which I feel may clarify our question. Please call if any point is unclear.

Sincerely, Moe Pare -- Director of Design

Encl.

cc: D. Draper; R. Ryan

(Graphics omitted)

ID: nht79-3.35

DATE: 07/17/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Paul Schuil

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter asking whether smoked, tinted and mirrored windows may legally be used on vehicles operating on U.S. highways.

The Federal requirements for glazing materials on motor vehicles are set forth in the Federal Motor Vehicle Safety Standard No. 205 (49 CFR 571.205). This standard specifies performance requirements for the various types of glazing and also the locations in vehicles in which each glazing type may be used. Smoked, tinted and mirrored glazing may be used in certain vehicles in certain locations. For example, smoked glass may be used in side windows of trucks and buses. However, glazing material for use in any vehicle at levels requisite for driving visibility (e.g., windshields) must have a luminous transmittance of at least 70 percent. Most smoked glass would not pass this requirement. I am enclosing a copy of Safety Standard No. 205 for your information. If you have any questions after reviewing the standard, contact Hugh Oates of my office (202-426-2992).

SINCERELY,

HADCO ALUMINUM & METAL CORPORATION

DEAR SIRS,

I would like to know if smoked or tinted, & mirrored windows are legal on U.S. highways. I am talking about all four sides of a vehicle.

Please send a response to:

HADCO ALUMINUM AND METAL CORPORATION

PAUL SCHUIL

ID: nht79-3.36

DATE: 03/06/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Lifetime Foam Products, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of February 8, 1979, requesting confirmation of your understanding of an October 7, 1976, letter of interpretation by our office concerning Safety Standard No. 207, Seating Systems. You are correct in your assumption that the standard applies only to completed vehicles and not to vehicle seats as individual equipment.

SINCERELY,

LIFETIME Foam Products, Inc.

February 8, 1979

Office of the Chief Counsel National Highway Traffic Safety Administration U. S. DEPARTMENT OF TRANSPORTATION

Gentlemen:

Attached is a copy of our inquiry to your office dated September 10, 1976, and the response from your office dated October 7, 1976.

Although we make every effort to build our merchandise to meet the provisions of Standard No. 207, we have understood your response to mean that our seating pieces did not have to meet the provisions of that standard if the pieces are sold to customers who purchase them out of retailer's catalogs to install in their own vehicles.

I would appreciate your confirming our understanding of your response.

Frank Tedesco PRESIDENT

September 10, 1976

Office of the Chief Counsel National Highway Traffic Safety Administration U. S. DEPARTMENT OF TRANSPORTATION

Gentlement:

Cortification of Optional Accossory Seats for Recreational Vehicles and Multipurpose Vehicles per FMVSS207

Lifetime Foam Products is proceeding toward the furbrication of custom, recreational vehicle seating accossories which would be marketed to the public through the catalog division of our parent organisation, Sears, Roobuck and Co. The following list of consumer-installed seating accessories is representative of this new product line.

1. Convertible bad/bench/dinette set.

2. Convertible couch/bed.

3. Tower-back seat.

4. Recliner chair.

Because we are entering a new aspect of our operations, we are most eager that the structural designs meet our high standards of quality as well as applicable operational standards. During the preliminary stages of our activitions, I talked with Mr. Robert Gardner of NHTSA on July 29, and he recommended that I contact your office. Therefore, the purpose of this inquiry is to obtain approval from DOT for certification of these seats according to the applicable sections of FMVSS207 using only "bench tests" (out-of-vehicle) which will certify everthing except the seat-to floor attachment. The reason for excluding the seat-to-floor attachment is that these optional accessory seats will eventually be installated by the consumer in many types of recreational vehicles, in numerous configurations and on floors whose structural integrity cannot be predicted (Illegible Word). These certification tests would be conducted in accordance with NHTSA approval "Laboratory Procedured for Seating Systems: Passenger Cars, Trucks, Buses and Multipurpose Vehicles, TP207-06" or subsequent update of the procedure when they (Illegible Word) available.

As a result of this unknown condition of the floor structure in the user's vehicle, we plan to include in the installation instructions a cautionary statement to the following effect:

"Install per instructions using large area washers furnished in the installation kit. Those washers are to be installed on the underneath side of the floor pan between the attachment not and the vehicle floor. The washers will componsate for an (Illegible Word) 10% reduction in floor strength. In the event that the floor has detolorated beyond this point, it is recommended that the owner contact a qualified shop for assistance."

I would appreciate a reply to this request for approval as soon as possible. If approval is granted, we will then proceed with the certification tests as outlined above.

Frank Tedesco

cc: W. J. ANTLEFORD/SOUTHWEST RESEARCH INSTITUTE; L. C. CODKIN; S. A. WELLER/SEARS, ROEBUCK AND CO.

ID: nht79-3.37

DATE: 03/27/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: International Salt Co.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of January 29, 1979, asking whether folding front seats on a two-door, 1978 Chevrolet Malibu are required to have locking devices.

The answer to your question is yes. Federal Motor Vehicle Safety Standard No. 207, Seating Systems, (49 CFR 571.207) specifies in paragraph S4.3 that "a hinged or folding occupant seat or occupant seat back shall be equipped with a self-locking device for restraining the hinged or folding seat or seat back and a control for releasing that restraining device."

You stated in a telephone conversation with Hugh Oates of my office that your 1978 Malibu does not have such a restraining device, either manual or inertia-activated. Our Office of Vehicle Safety Compliance has found, however, that the front seating system of the 1978 Chevrolet Malibu two door sedan does in fact have a seat back locking device that is actuated by an inertia system. This system has been certified by General Motors Corporation as meeting the performance requirements of Federal Motor Vehicle Safety Standard No. 207. A description of this system is found on page four of section one in the owner's manual. If the inertia restraint system in your vehicle does not perform as described, you should contact your Chevrolet dealer.

Sincerely,

ATTACH.

January 29, 1979

Office of Chief Counsel -- NHTSA

Dear Sir:

Please advise me whether or not the folding front seats on a two door 1978 Chevrolet Malibu are required to have a locking device.

Sincerely,

Barbara A. Loureiro -- INTERNATIONAL SALT COMPANY

ID: nht79-3.38

DATE: 03/01/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Ford Motor Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent petition to amend Safety Standard No. 210, Seat Belt Assembly Anchorages, to exempt active lap belts installed in conjunction with passive upper torso restraints from the anchorage location requirements of the standard.

The agency has determined that amendment of the standard as you request is unnecessary since active lap belts and their associated anchorages are not required to comply with Federal safety standards if installed voluntarily by a manufacturer in addition to a single, diagonal passive belt. The passive restraint requirement of Safety Standard No. 208 will require passive protection in frontal crashes and, either passive protection in lateral and rollover crash modes or the provision of Type I or Type II active belts for protection in lateral and rollover crash modes. The agency has previously stated, most recently in a letter to Volkswagen dated August 1, 1977, that the provision in S4.5.3 of Standard No. 208 allowing the substitution of any passive belt system (whether or not including a lap belt) for any other belt system otherwise required, is intended to apply to the provisions of S4.1.3(c) that specify either passive protection or the provision or Type I or Type II belts.

Since active lap belts installed in conjunction with single, diagonal passive belts are not required, they are voluntary additions by the manufacturer. The agency has stated in past interpretations that systems or components installed in addition to required safety systems are not required to meet Federal safety standards, provided the additional components or systems do not destroy the ability of required systems (the passive belt in this case) to comply with Federal safety standards. This means that your proposed restraint system would have to meet the frontal crash protection requirements of Standard No. 208 both with and without the active lap belt fastened.

Since the change you requested is unnecessary in light of this interpretation, the agency will consider your petition withdrawn.

SINCERELY,

Ford Motor Company

December 14, 1978

Joan B. Claybrook Administrator Nationalk Highway Traffic

Safety Administration

Dear Ms. Claybrook: Re: Petition for Amendment of Federal Motor Vehicle Safety Standard No. 210 - Seat Belt Assembly Anchorages

Ford Motor Company (Ford), pursuant to Section 124 of the National Traffic and Motor Vehicle Safety Act, as amended, and 49 CFR, Section 552.3, submits this Petition for Amendment of Federal Motor Vehicle Safety Standard (FMVSS) No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210) hereinafter "the Standard". Ford requests the Standard be amended to exempt active lap belts used in conjunction with passive upper torso restraints from the location requirements specified in S4.3.1.1.

Ford plans to offer in two of its 1980 passenger cars an optional passive belt restraint system for front seat occupants. This optional passive belt system will include a passive upper torso restraint, knee bolsters and an active lap belt. The active lap belt when used will provide additional protection to occupants in side and rollover type accidents. The passive belt system will comply with the passive restraint criteria required by Section 4.5.3 of FMVSS 208 with the without the active lap belt being employed. One of the design configurations of the active lap belt being developed, however, does not meet the anchorage location requirements of the Standard.

In this design, the lap belt retractor will be located on the inboard side of the bucket seat and its anchorage is located forward of the zone specified in Section 4.3.1.1 of the Standard. This configuration will permit forward motion (translation) of the occupant in a crash, which in turn will allow the occupant's knees to contact the knee bolster -- a desirable circumstance. We believe permitting increased forward translation of the occupant will result in more efficient distribution of impact forces during a frontal collision.

As the Administration indicated in its preamble to Docket 72-23; Notice 5, published November 16, 1978, ". . . the agency has determined manufacturers should be given wide latitude in passive belt design in order to facilitate the early introduction of passive systems. . . ." In a similar sense, this request for amendment will contribute to earlier introduction of passive systems. Further, if this petition is not granted on a timely basis, it could hinder our efforts to introduce a passive belt option prior to the required incorporation date.

As Ford intends to certify that vehicles equipped with the passive belt meet the injury requirements of Standard 208 with and without the active lap belt, and because the additional active lap belt will provide added protection in side and rollover accidents, we believe this petition, if granted, should contribute to the safety of front seat occupants.

Ford, therefore, respectfully requests that the last sentence of S4.3 of Standard 210, Seat Belt Assembly Anchorages (49 CFR 571.210) be amended as follows (added text indicated by underlining):

"S4.3 . . . Anchorages for passive belt systems that meet the frontal crash protection requirements of Standard No. 208, and active lap belt systems, installed in conjunction with such passive belt systems, are exempt from the location requirements of this section."

J. C. Eckhold Director Automotive Safety Office (Graphics omitted)

ID: nht79-3.39

DATE: 12/27/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Professional Automotive Consultant

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter asking about the applicable Federal requirements for seat belts in a pickup truck that has been modified to be a convertible by removal of the top. Specifically, you ask what should be done with the shoulder portions of the seat belt assemblies in these vehicles.

I am enclosing for your information a past agency interpretation concerning this same question. You will note that the modified pickup must be in compliance with the Federal safety standards that would have been applicable to a convertible truck at the time the pickup was originally manufactured. Since Safety Standard No. 208, Occupant Crash Protection, permits convertible trucks to be equipped with either Type 1 belts (lap belts) or Type 2 belts (lap and shoulder combination belts) at front outboard designated seating positions, the modified pickup would only be required to have a lap belt. Of course, your client is certainly permitted to retain the lap and shoulder belt if he chooses. We cannot, however, recommend how the shoulder portion of the belt assembly should be attached to the modified vehicle.

Sincerely,

ATTACH.

November 7, 1979

Francis Armstrong, Director -- Office of Vehicle Compliance Enforcement, National Highway Traffic Administration, U.S. Dept. of Transportation

Dear Mr. Armstrong:

I am currently working with a client who is involved with a "Conversion" whereby the top of a pickup truck cab is cut behind the windshield and slightly above the rear bed height. After cutting this top off of the cab, it is fitted with moulded gaskets and held by four (4) aircraft quality latches to produce a convertible truck.

My questions are not concerned with the above process. I am now concerned about the shoulder harness and where it should be located. Naturally the harness becomes inoperable when the top is removed since the factory harnesses are pivoted in the top.

I would think that under the circumstances this finished vehicle should be treated as any other "convertible" with respect to seat belts and harnesses.

Please enlighten me as to what you suggest I should advise my client to do with respect to the relocation or elimination of the detachable upper torso portion of the seat belt assembly.

I thank you very much for your interest in this matter and look forward to your prompt reply.

Sincerely,

Don Johnson -- PROFESSIONAL AUTOMOTIVE CONSULTANT

ID: nht79-3.4

DATE: 10/04/79

FROM: FRANK BERNDT -- NHTSA; SIGNATURE BY STEPHEN P. WOOD

TO: Stratos Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to the questions you raised with Ms. Debra Weiner of my office on July 12, 1979, about your company's plans to manufacture auxiliary gasoline tanks for passenger cars. You noted that the tanks will be designed for placement in the trunk above the existing fuel tank and that your company will act primarily as a manufacturer of these tanks but may do some installation. Specifically, you asked what Federal regulations or standards would apply to the manufacturer, as well as the placement and installation, of auxiliary gasoline tanks in motor vehicles. You also asked whether we have testing facilities for such tanks and, if so, whether the agency would be able to test one of your company's tanks.

The National Traffic and Motor Vehicle Safety Act, as amended 1974, (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75, Fuel System Integrity, (copy enclosed) is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. The standard applies to completed vehicles rather than to fuel tanks or other fuel system components and thus is inapplicable to the manufacture of auxiliary fuel tanks.

Despite the inapplicability of Safety Standard No. 301-75 to their manufacture, auxiliary fuel tanks must be designed and manufactured for safety. As a manufacturer of auxiliary fuel tanks, you would be subject to the defects responsibility provisions of the Act (sections 151 et seq., copy enclosed). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or yourself, you would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.

If you installed an auxiliary fuel tank in a new vehicle, prior to its first purchase in good faith for purposes other than resale, you would be a vehicle alterer under NHTSA regulations. As an alterer, you would be required by 49 CFR 567.7 to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor vehicle safety standards -- including Safety Standard No. 301-75. Should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, you would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.

If you installed an auxiliary gasoline tank in a used passenger vehicle, you would not be required to attach an alterer's label. However, section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:

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

Thus, if you added an auxiliary tank to a used passenger vehicle manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system, you would be in violation of section 108(a)(2)(A).

I would like to point out that in addition to the Federal law discussed above there may be State product liability laws applicable to your company's proposed activities. Therefore, you may wish to consult a local lawyer before your company begins manufacturing and installing auxiliary gasoline tanks.

At the present time, NHTSA is not testing auxiliary gasoline tanks, but the agency is involved in testing vehicles to determine their compliance with Safety Standard No. 301-75.

At some point the agency will probably begin testing auxiliary tanks that have been installed in vehicles, but such testing will be done only as part of our enforcement efforts. It is not a policy of the NHTSA to test and approve the products of particular manufacturers of motor vehicles or motor vehicle equipment.

In conclusion, please note that, in general, the National Highway Traffic Safety Administration discourages the use of auxiliary fuel tanks of any kind because of the grave dangers of fire and explosion posed by their improper manufacturer or installation. In the near future, this agency will be making a press release warning consumers of these hazards and discouraging them from using auxiliary fuel tanks.

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.

ID: nht79-3.40

DATE: 11/06/79

FROM: AUTHOR UNAVAILABLE; Joan Claybrook; NHTSA

TO: Hon. J. D. Dingell - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter on behalf of your constituent, Mr. Donald Edwards. Mr. Edwards asks whether the passenger seat in a 1979 Dodge van is required under Federal law to be equipped with a safety belt.

Your earlier answer to Mr. Edwards was correct. Federal Motor Vehicle Safety Standards require light trucks (including vans) to be equipped with safety belts for each designated seating position. The passenger seat in Mr. Edwards' van would qualify as a designated seating position and would be required to have a safety belt.

Under the Federal certification regulations for motor vehicles, any person who alters a vehicle prior to its first purchase for purposes other than resale is required to place an additional label on the vehicle certifying that, as altered, the vehicle continues to be in compliance with all applicable safety standards (49 CFR 567.7). This provision would apply to the dealer who altered Mr. Edwards' vehicle by adding the passenger seat. The label would certify that the vehicle was still in compliance with all standards, including the safety belt requirements. Since the dealer did not install a safety belt, he probably did not place an alterer's label on the vehicle and he would, therefore, be in violation of the certification regulation. If this is the case, the agency has authority to require the dealer to remedy the noncompliance by installing safety belts on the van. Additionally, the dealer could be liable for civil penalties up to $ 1,000 for failure to comply with the Federal safety standards and regulations.

If Mr. Edwards has any problems in obtaining the required safety belts after receiving this information, please have him contact our Office of Enforcement at 400 Seventh Street, S.W., Washington, D.C. (202/426-9700).

Sincerely,

ENC.

cc: MR. OATES; JUDIE STONE

Congress of the United States House of Representatives

October 22, 1979

The Honorable Joan Claybrook Administrator National Highway Traffic Safety Administration Department of Transportation

Dear Ms. Claybrook: I am enclosing for your attention a copy of information sent to me by my Distrect Office concerning Mr. Donald Edwards question as to the requirement that seat belts be located at all seating positions in motor vehicles. I have advised Mr. Edwards that the National Traffic and Motor Vehicle Safety Act of 1966 does, in my estimation, require such seating positions for occupants to be equipped with safety belts.

I would appreciate it if you would respond to me as to Mr. Edwards question relative to the dealership having told him that a safety belt was not necessary under Federal law for the optional passenger seat in the van he recently purchased.

With best wishes,

John D. Dingell Member of Congress

ENC.

INFORMATION TAKEN BY: District Office Cindy

DATE: September 24, 1979

NAME OF CALLER: Mr. Donald Edwards

STREET ADDRESS: 5000 Ternes Street

CITY, STATE, ZIP CODE: Dearborn, Michigan 48126

TELEPHONE NUMBER: 584-5924

OTHER INTERESTED PARTIES:

DETAILS OF CALL: 1979 Dodge Van

Mr. Edwards bought a 1979 Dodge Van, B100 Cargo van, at Crestwood Dodge, 32850 Ford Road, Garden City, Michigan 48135. The driver's seat came equipped with a seat belt that doesn't work, but he is going to have the dealer fix it. The passenger seat, which is an option, does not have a seat belt. Mr. Edwards stated he paid $ 80 for the seat, but it is not listed on the bill of sale. The dealership claims they threw it in. Mr. Edwards would like to know if it is a federal law that every seat in a vehicle has to have a seat belt. The dealership is telling him no. If it is a federal law requiring seat belts in vehicles, Mr. Edwards would like to have a copy of it.

National Traffic and Motor Vehicle Safety Act of 1966.