ID: 8882

October 15, 1993

Mr. Michael F. Hecker Micho Industries Post Office Box 2017 Lompoc, CA 93438

Dear Mr. Hecker:

This responds to your letter concerning our June 29, 1993, letter to your associate, Mr. Michael Dunn, about the R-Bar Passenger Restraint System (R-Bar). The R-Bar, an item of motor vehicle equipment, is a padded restraining device designed to be mounted on the seat backs of school buses to fold down to restrain the passengers in the next rearward seats. You have further questions about the Federal Motor Vehicle Safety Standards (FMVSS) and NHTSA regulations, as applied to R-Bars.

In our letter to Mr. Dunn, we addressed several statements that we believed were potentially misleading that Micho made to school officials. These statements include, among other things, that NHTSA has "approved" R-Bars and that R-Bars are certified as complying with Federal safety standards. We noted that, while Micho indicated that it would refrain from suggesting that NHTSA has approved the R-Bars, we sought assurances that Micho would not continue to represent that it can "certify" the compliance of R-Bars.

You ask for clarification of that letter. You state that there "appears to be some confusion" resulting from past correspondence with this agency regarding certification of compliance with applicable FMVSSs. You believe, based on previous correspondence, that the R-Bar must comply with FMVSSs that apply to the school bus seat and "the general safety of school buses," such as school bus exits and flammability resistance. Accordingly, you believe that Micho can properly "certify" the R-Bar to these school bus FMVSSs.

I appreciate this opportunity to clarify our requirements. By way of background, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381 et seq. (Safety Act), authorizes this agency to issue FMVSSs for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system whereby the manufacturer of the vehicle or item of equipment is responsible for exercising due care in certifying that the product will, if tested as specified in the applicable FMVSSs, meet the safety requirements in the standards applicable to the product. What constitutes "due care" in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and above all, the diligence of the manufacturer.

Because of the self-certification system established by law, NHTSA can neither approve, disapprove, endorse, nor offer assurances of compliance for any product in advance of the manufacturer's certification of the product. Rather, this agency enforces the standards after the fact by purchasing a vehicle or item of equipment in the retail market and conducting the compliance tests specified in the pertinent standards. The agency also investigates safety-related defects. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer is responsible for notifying purchasers of its product and remedying the problem free of charge. The recall responsibility for noncomplying or defective vehicles is borne by the vehicle manufacturer in cases in which a product is installed on a new vehicle by that vehicle manufacturer.

As stated in our previous letters to your company, there are no FMVSSs specifically applicable to R-Bars. Our school bus FMVSSs apply to whole vehicles, rather than to individual items of school bus equipment. If R-Bars are installed as original equipment on a new school bus, the vehicle manufacturer is required by the Safety Act to certify that, with the devices installed, the vehicle complies with all applicable safety standards, including Standard 222, School Bus Passenger Seating and Crash Protection (49 CFR 571.222); Standard 217, Bus Window Retention and Release (571.217); Standard 302, Flammability of Interior Materials (571.302); and, with regard to small school buses, the pertinent provisions of Standard 208, Occupant Crash Protection (571.208). 15 U.S.C. 1397(a)(1), 15 U.S.C. 1403, and 49 CFR Part 567. Because these FMVSSs apply to the vehicle, there are no standards to which Micho can, or must, certify compliance.

If the R-Bars are added to a previously-certified new school bus prior to its first sale to a customer, the person who so modifies the vehicle would be an "alterer" of a previously certified new vehicle. As an alterer, the person would be required to certify that, as altered, the vehicle continued to comply with all applicable Federal motor vehicle safety standards. 49 CFR 567.7.

The vehicle manufacturer or alterer that installs an R-Bar may, in order to meet its duty to exercise due care, in part rely on information from you concerning the R-Bar's performance characteristics, to the extent such reliance is reasonable. Since compliance with Standard 222 appears to be a significant concern with respect to the installation of R-Bars, you might wish to test a bus or buses equipped with an R-Bar, using the test procedures set out in Standard 222. The results of such tests might be useful to a school bus manufacturer in determining whether it could certify a school bus equipped with R-Bars as complying with Standard 222.

If R-Bars were installed on a used school bus, the installer would not be required to attach a certification label. However, a manufacturer, dealer, distributor, or motor vehicle repair business would be required to ensure that by installing the R-Bars, the installer did not knowingly render inoperative, in whole or in part, any device or element of design installed on or in the vehicle in compliance with an applicable Federal motor vehicle safety standard. See 15 U.S.C. 1397(a)(2)(A). In this case, the installer would be responsible for ensuring that the R-Bars did not cause the school bus to fail to comply with any safety standards, including but not limited to the standards enumerated above.

This agency has addressed various compliance issues and other safety concerns applicable to R-Bars and similar devices on a number of occasions in the past. As we stated in a letter to Mr. Kenneth A. Gallo dated February 19, 1993, (copy enclosed) the agency believes that the concept of using "safety bars" as occupant restraining devices in school buses raises significant safety concerns, including whether the bar could result in excessive loads (e.g., abdominal, leg, or chest) on occupants during a crash, as a result of contact between the bar and the occupants. We explained in a July 14, 1992, letter to you (copy enclosed) that the vehicle in which R-Bars are installed must meet the requirements of Standard 222 with the device in any position in which it may be placed. We have said that if a padded restraining device similar to the R-Bar is attached to the seat back, it becomes part of the seat and the device, as folded into its position, must not intrude into the leg protection zone described in S5.3.2 of Standard 222 (NHTSA letter of January 31, 1991, to Mr. Scott Hiler, enclosed). Also enclosed are NHTSA letters of March 10, 1989, and November 3, 1988, to Mr. Joseph Nikoll, which discuss issues concerning installation of "safety bars" in small school buses in addition to or in lieu of the seat belts required by Standard 208.

You asked for our comments on two statements you intend to make to your customers. The first statement is that there are no FMVSSs directly applicable to R-Bars. As discussed above, that statement is correct. The second statement is that, when properly installed, R-Bars will not violate any standard or regulation or render inoperative any safety feature on a school bus. NHTSA lacks information on which to assess the accuracy of that statement. However, it appears unlikely that you could provide such assurances for school buses in general, since the question of whether adding R-Bars would result in a school bus no longer complying with safety standards is likely to depend, at least in part, on factors specific to a particular school bus, such as the seats, floor, etc. Accordingly, absent data to substantiate this statement for all bus configurations and potential installation procedures, we believe that is would not be proper for you to make such a statement.

I hope this resolves the issues raised in your letter.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:222#571#VSA d:10/15/93

ID: 8899

Mr. Calin Moldovean
Vehicle Technology Engineer
TUV America, Inc.
5 Cherry Hill Drive
Danvers, MA 01923

Dear Mr. Moldovean:

This responds to your inquiry asking about how this agency's regulations would apply to the introduction into the United States of a new "aftermarket" gas cap. I am pleased to have this opportunity to explain our regulations to you. I am also enclosing a copy of a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Highway Traffic Safety Administration (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 is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, under the National Traffic and Motor Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards.

There is currently no Federal Motor Vehicle Safety Standard that is directly applicable to a replacement gas cap. Nevertheless, you should be aware of Safety Standard No. 301, Fuel System Integrity, which may be relevant to the product in question. Standard No. 301 applies only to new motor vehicles and specifies performance requirements that must be met by the fuel system as a whole following crash tests. The standard does not apply to individual components of a fuel system or to aftermarket equipment for use on fuel systems.

Although Standard No. 301 would not directly apply to a replacement gas cap, there are responsibilities under Federal law of which you should be aware. Manufacturers of motor vehicle equipment, which includes gas caps, are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety.

In addition, there are prohibitions against certain modifications of new and used vehicles. Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a new or used motor vehicle in compliance with any applicable Federal Motor Vehicle Safety Standard. Therefore, no person in any of the aforementioned categories may place the gas cap on a motor vehicle if by so doing the vehicle's compliance with Standard No. 301 were negatively affected. Whether your gas cap could be installed on a vehicle by a person in one of those categories without taking the vehicle out of compliance with Standard No. 301 or any other applicable Federal safety standard is a determination that must be made by the entity making the installation.

Please note that the prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, a vehicle owner may install or remove any item of motor vehicle equipment regardless of its effect on compliance with the Federal safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment if the modification would degrade the vehicle's safety.

We suggest that you also contact the Environmental Protection Agency to see whether EPA has any type of emissions standard that might affect you as the manufacturer of a gas cap. The general telephone number for EPA is (202) 382-2090.

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

John Womack Acting Chief Counsel

Enclosure ref:301 d:8/18/93

ID: 8902

Mr. Joel Trim
Manager
Mechanical Service Department
Neal & Massy Motors
P.O. Box 1298
Port of Spain
Trinidad, West Indies

Dear Mr. Trim:

We have received your letter of July 7, 1993, asking the Secretary of Transportation for assistance in obtaining copies of any regulations and standards that govern the certification and operation of modified vehicles (stretch limousines), kit cars, and homemade vehicles. Your country, Trinidad, has no such regulations.

Under the dual Federal-State system of government in the United States, the registration, inspection, and operation of motor vehicles is a State function. We are unable to advise you on the laws of the individual States, but you may find assistance by writing the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

Federal regulation of motor vehicles is primarily concerned with establishing and enforcing standards to be met when the vehicle is manufactured, the Federal motor vehicle safety standards (FMVSS). With one minor exception the United States has no laws or regulations that apply specifically to the types of vehicles you have named. I am pleased, however, to explain how we have treated them over the years in the interpretive letters we have written.

A. Modified vehicles As you may know, each vehicle manufactured for sale in the United States must bear its manufacturer's label certifying that it complies with all FMVSS. If a vehicle is modified after it has left the factory and before it is sold, the modifier is required to affix its own label stating that the vehicle as modified complies with all FMVSS affected by the alteration. However, this label is not required if the modifications are minor changes affecting readily attachable equipment items. Further, under our law, no label is required if the vehicle is modified after it has been sold. I enclose a copy of our certification regulation, 49 CFR Part 567 and call your attention to Section 567.7 Requirements for persons who alter certified vehicles.

We have discovered instances in which modified vehicles (stretch limos) failed to conform to the FMVSS on braking and passenger protection. In accordance with our procedures, the modifiers were required to correct the noncompliances and to pay civil penalties for their violations.

B. Kit cars We have no definition of "kit cars" but we understand them to be passenger cars consisting of a mixture of old and new parts, assembled into vehicle form by either the supplier or purchaser of a kit of motor vehicle equipment. Some of the FMVSS apply to individual equipment items (for example, tires, glazing, seat belt assemblies), and if these items are new and furnished with the kit, they will have been certified by their manufacturers. If the vehicle is assembled entirely from new parts, the kit supplier must furnish certification with the kit that, when assembled, the vehicle will comply with all applicable FMVSS. However, if the vehicle is manufactured incorporating a number of previously used parts, particularly involving the chassis and/or drive train, we generally have considered the vehicle to be a used one, and none of the FMVSS that apply to new completed vehicles (as contrasted with those that apply to equipment items) apply to it.

In order to be registered for use, a kit car must meet the requirements of the State of licensing.

C. Homemade cars We have no definition of a "homemade car" but we understand such a vehicle to be a "one-off" and not intended for production. The FMVSS apply to every newly manufactured vehicle without exception, so that a vehicle built in a series of one must conform to the FMVSS if it is constructed entirely from new parts, and if the agency has not exempted it from compliance.

A homemade car must meet the requirements of the State where it is to be licensed.

For your information, I am also enclosing a booklet containing a brief description of each FMVSS, and an order blank for "Title 49 Code of Federal Regulations Parts 400-999" which contains the complete text of the FMVSS. If you have any further questions on this subject, we will be happy to answer them.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:567 d:9/27/93

ID: 8907ar2

Mr. Richard G. Meier
Deputy Assistant
Office of the U.S. Trade Representative
600 17th Street, N.W.
Washington, DC 20506

Dear Mr. Meier:

This letter follows up on the July 23, 1993, meeting in which you and Ms. Suzanne Troje discussed with representatives of this agency concerns of the Mexican Government that tires produced in Mexico for sale in the U.S. must be labeled in English and tested in Texas.

We would like to explain our regulations and correct an apparent misimpression of the Mexican government. Tires manufactured for sale in the United States must be labeled with safety and consumer information that is required by statute (the National Traffic and Motor Vehicle Safety Act) and by regulation. The regulations require that the information be in English.

There is no available exception to the English labeling requirement for the safety information, but there is an exception to the consumer information requirement of our uniform tire quality grading standards (UTQGS, copy enclosed). The UTQGS do not apply to "limited production tires," as defined in that standard. This exception could provide the basis for a Mexican tire manufacturer to import a limited number of tires into this country to assess the market. However, the annual importation of that tire into the U.S. must not exceed 15,000 tires. To qualify as a limited production tire, neither the annual production of that tire in the U.S. nor the importation of that tire into the U.S. by a manufacturer or brand name owner may exceed 15,000 tires (49 CFR 575.104(c)(2)(i) and (ii)). In addition, the tire's size cannot have been listed by a vehicle manufacturer as the recommended tire size designation for a new motor vehicle produced in or imported into the U.S. in quantities greater than 10,000 during the calendar year preceding the year of the tire's manufacture (49 CFR 575.104(c)(2)(iii)). Finally, while a manufacturer or brand name owner may produce or import several different types or sizes of tires as limited production tires, the total number of tires that the manufacturer or brand name owner may produce or import is limited to 35,000 tires.

The UTQGS do not require that manufacturers test their tires at this agency's test track at San Angelo, Texas. Manufacturers may test their tires where they choose, and may even choose not to test their products at all. However, the specification in the UTQGS regulations that testing is done at San Angelo means that NHTSA must use that track in any compliance testing of tires. In order to protect themselves against the possibility that the agency will find a noncompliance based on testing at San Angelo and initiate an enforcement action, it would be prudent for tire manufacturers to base their assigned grades on their own testing at San Angelo or on some substitute means whose results demonstrably correlate with the results of testing at San Angelo.

We hope this information is helpful. For your information, I have attached a general information sheet discussing NHTSA's requirements for new manufacturers. Please let us know if we can be of further assistance.

Sincerely,

John Womack Acting Chief Counsel Enclosure

ref:109#119#575 d:10/1/93

ID: 8935

Air Mail

Mr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel

Dear Mr. Koter:

We are replying to your FAX of July 21, 1993, to Mr. Van Iderstine of this agency, and are enclosing a copy of SAE J590b as you requested.

You have asked us to identify the U.S. regulations pertaining to turn signal and hazard warning signal lights including tell-tales. The applicable regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 incorporates by reference many SAE materials, including those regarding flashers. In addition to SAE J590b (turn signal flasher, with the exceptions noted in S5.1.1.19 and S5.1.1.20 of Standard No. 108) Standard No. 108 incorporates SAE J589 (turn signal operating unit, with the exception noted in S5.1.1.13), SAE J588 (turn signal lamps for vehicles less than 2032 mm in overall width and J1395 for wider vehicles), J910 (vehicular hazard warning signal operating unit) and J945 (vehicular hazard warning signal flasher). The turn signal pilot indicator specifications are at paragraph 5.4.3 in SAE J588 and J1395. NHTSA is not contemplating rulemaking concerning any of these requirements.

We understand from Mr. Van Iderstine that you are contemplating manufacturing a device that senses the sudden release of the accelerator pedal and activates the hazard warning lamp system. Under Standard No. 108, this device is permissible as original vehicle equipment (i.e. installed at the factory, or by the dealer before sale) if it does not impair the effectiveness of any of the lighting equipment that is required by Standard No. 108. We assume that the device would be automatically deactivated when the brake pedal is applied and that manual deactivation is not required. We further assume that the device is not activated under normal stopping conditions.

Finally, we assume that manual activation of the turn signals will override the device should it be operating at the time the turn signal control is activated. Under these assumptions, we do not believe that the device would impair the effectiveness of the stop, tail, and turn signal lamps required by Standard No. 108. However, the judgment of impairment is one made by the person installing the device who must certify (or ensure that the certification remains valid) that the vehicle incorporating the device complies with all applicable Federal motor vehicle safety standards. Unless that judgment is clearly erroneous, NHTSA will not question it.

Mr. Van Iderstine advises that no further details are currently available on ECE agenda item "Regulation No. 48."

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:108 d:9/7/93

ID: 8940

Mr. Sam C. Nigro
Bus Product Manager
Webasto Thermosystems
1598 E. Lincoln
Madison Heights, MI 48071

Dear Mr. Nigro:

This responds to your letter about auxiliary heaters fueled by compressed natural gas (CNG) and liquid natural gas (LNG) for installation on buses using those alternative fuels. You stated that your company currently manufactures auxiliary heaters for diesel fueled buses, and is interested in developing heaters that would "burn CNG and LNG same as the engine." In a telephone conversation with Marvin Shaw of my staff, you explained that you would like information about NHTSA's current requirements for auxiliary heaters on alternative fueled buses and the agency's future plans in this area.

I am pleased to have this opportunity to explain our regulations to you. By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1381, et seq.), it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable Federal motor vehicle safety standards (FMVSS's). The following represents our opinion based on the facts provided in your letter.

NHTSA does not have any safety standards specifically covering auxiliary heaters of any kind, and I am not aware of any plans to issue standards in this area. Nevertheless, an auxiliary heater is 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 defects relating to motor vehicle safety. If you or NHTSA determines that a safety- related defect exists, you must notify purchasers of your product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which the heater is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

As Mr. Shaw informed you on the telephone, earlier this year NHTSA proposed to issue a safety standard that would apply to CNG tanks (i.e., containers designed to store CNG as motor vehicle fuel on-board a motor vehicle) and vehicles using CNG as a fuel (58 FR 5323, January 21, 1993). If this proposed standard is adopted, it would affect your product in the following manner.

If your heater were installed as original equipment on a new vehicle, the vehicle manufacturer is required by our certification regulations to certify that the entire vehicle (with your product installed) satisfies the requirements of all applicable FMVSS's, including the CNG fuel system standard. If the heater were added to a new, previously- certified vehicle (e.g., a new completed bus), the person who adds the system would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. These certification requirements apply to the vehicle manufacturer and alterer regardless of whether the heater is connected to the vehicle's fuel system. Of course, if the heater is connected to the vehicle's fuel system, the vehicle's compliance with the CNG standard should be carefully scrutinized.

If the heater were installed on a used vehicle by a vehicle manufacturer, distributor, dealer or repair business, the installer would not be subject to the certification requirements outlined above. Instead, the installer would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any applicable safety standard, including the CNG standard. This is required by 108(a)(2)(A) of the Safety Act. If the modification of the vehicle entailed connecting the heater to the vehicle's fuel system, compliance with the CNG standard would be especially germane to whether 108(a)(2)(A) were violated.

The prohibition of 108(a(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSS's. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

The certification responsibilities discussed above would affect vehicle manufacturers even if the proposed CNG standard is not adopted or is not yet effective when you market your product. Except for FMVSS 301, which sets fuel system integrity requirements for gasoline and diesel-powered buses under 10,000 pounds GVWR, all of the FMVSS's that apply to a diesel- or gasoline-powered vehicle now apply to a CNG-powered vehicle. A manufacturer of a CNG-powered vehicle who installs your heater as original equipment must certify the vehicle to those standards, regardless if the CNG FMVSS is among them. Similarly, a vehicle alterer would have to certify that the vehicle, as altered, complies with all applicable FMVSS's.

The "render inoperative" prohibition would also apply even in the absence of a CNG FMVSS. The commercial entity listed in 108(a)(2)(A) who installs the heater on a CNG-powered vehicle would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any FMVSS that applies to the vehicle, even if a CNG standard is not among them.

I am enclosing for your information a copy of NHTSA's proposed FMVSS for CNG tanks and vehicles. Also enclosed is a fact sheet titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and a booklet entitled Federal Motor Vehicle Safety Standards and Regulations.

As you are aware, the Federal Highway Administration has issued a regulation applicable to heaters on commercial vehicles. (49 CFR 393.77). You can contact the FHWA for an interpretation of its regulations at the following address:

Theodore McConnell Chief Counsel Federal Highway Administration 400 7th Street, SW Washington, D.C. 20590

I hope this information is helpful. Please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:VSA#303 d:10/5/93

ID: 8950

Mr. William D. McIntosh
Quality Assurance Manager
Perstorp Components
Kitchener, Ontario, Canada
K2G 4R9

Dear Mr. McIntosh:

This responds to your inquiry about whether Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), applies to your product. You state that you manufacture a "composite assembly acoustical abatement product" that is installed against vehicle sheet metal and is then covered by carpet, trim, or the instrument panel. You had further questions about testing your product and certifying its compliance if the Standard applies to it. I apologize for the delay in responding.

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 (The "Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Since Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

Under the Safety Act's authority, NHTSA has issued Standard No. 302 which specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. The components listed include seat cushions, seat backs, seat belts headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Among the listed items that might be applicable to your acoustical abatement product are floor coverings and engine compartment covers. That is, the standard would apply to your product if the acoustical abatement material is a part of one of the covered items and is within 1/2" of the occupant compartment.

You indicate in your letter that you are uncertain whether to test your product to Standard No. 302 as a composite with other materials. S4.2.2 of Standard No. 302 states, "Any material that adheres to other material(s) at every point of contact shall meet the requirements of S4.3 when tested as a composite...." You indicate in your letter that your product has multiple layers that always adhere to each other. Accordingly, assuming your product is subject to Standard No. 302, the agency would test your product as a composite material, in accordance with S4.2.2.

Please note that there are other NHTSA requirements that could affect the manufacture and sale of your product. A motor vehicle or equipment manufacturer incorporating your product in its vehicles or equipment would be subject to sections 151- 159 of the Safety Act to ensure that its vehicles or equipment do not contain any safety related defect. If the manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge.

In addition, section 108(a)(2)(A) of the Safety Act 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 motor vehicle safety standard..." Under this section, the entities mentioned above are required to ensure that the addition of your product would not adversely affect the compliance of any component or element of design on a vehicle with an applicable Federal safety standard. With respect to Standard No. 302, the addition of your product must not reduce the vehicle's overall flammability resistance.

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

Sincerely,

John Womack Acting Chief Counsel

ref:302 d:4/l/94

ID: 8951

Mr. C.N. Littler
Coordinator-Regulatory Affairs MCI/TMC
Engineering Centre
1558 Willson Place
Winnepeg, Manitoba R3T 0Y4

Dear Mr. Littler:

This responds to your FAX and phone call of July 30, 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have to contact the various states concerning their laws.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. Instead, the Safety Act establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which 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.

It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed.

The agency has stated that a bus built with a new body is not considered a "new" vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see, for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body nor the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered a new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris).

You enclosed an article titled "The New Invader" from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, "the Invader is supplied with a new engine," but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would considered the vehicle to be new if the chassis lacks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States.

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

Sincerely,

John Womack Acting Chief Counsel

cc: AMF 1830 LeBer Street, Montreal Quebec, Canada H3K 2A4 ref:571 d:1/10/94

ID: 8957-2

Mr. Maine E. Peace, Jr.
Supervising Revenue Officer
State of Washington
Department of Revenue
P.O. Box 1176
Bellingham, WA 98327

Dear Mr. Peace:

This is in response to your FAX of August 3, 1993, to Robert Hellmuth, Director of the Office of Vehicle Safety Compliance, with respect to the disposition of Canadian vehicles seized in the State of Washington for violations of Washington law regarding the possession and transportation of illegal cigarettes. I apologize for the delay in our response. You have requested that we "provide authority for the Department of Revenue to sell the vehicles locally even tho (sic) they were manufactured in Canada, providing of course the vehicles meet most if not all the standards regulated by your agency regarding vehicle safety."

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1397(a)(1)(A)) provides, among other things, that no person shall import into the United States any motor vehicle that does not comply with U.S. safety standards. When a vehicle that doesn't meet the U.S. safety standards crosses the border from Canada into the United States, its driver is regarded as the importer, and, unless the driver or circumstances indicate otherwise, we view the importation as a temporary one by a non-resident for his or her personal use, and hence, permissible.

However, if the State of Washington were to seize the vehicle and sell it locally, the action of the State would have the effect of converting the temporary importation of a non- conforming vehicle into a permanent one. We believe that such action would be inconsistent with the Safety Act's requirement that no person import into the United States any motor vehicle that doesn't meet U.S. safety standards.

Non-conforming Canadian vehicles are admitted into the United States on the condition that they will be exported back to Canada within one year. We believe that the most appropriate way for the State of Washington to dispose of the vehicles would be to export them back to Canada.

If you have any further questions, we shall be pleased to consider them.

Sincerely,

John Womack Acting Chief Counsel ref:591#VSA d.2/3/94

ID: 8962

Mr. Pat McCue
Allied Service Systems Manufacturing
P.O. Box 6027
Phoenix, AZ 85005

Dear Mr. McCue:

This responds to your letter to Mr. Ed Jettner of this agency concerning an occupant restraint system you have developed to protect medics and attendants in the back of ambulances. I apologize for the delay in our response.

The system consists of a vest worn by the attendant which is attached by a tether strap to the ambulance. During an August 23, 1993 phone call with Mary Versailles of my staff, you explained that the tether straps include retractors which lock during a crash. During this phone call you also stated that the back vest can be attached to two tethers on the vehicle wall adjacent to the bench seat, and that the front of the vest is attached to another tether on the opposite wall. You asked for advice on "how regulations are established and how products are tested to meet standards."

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

NHTSA has exercised its authority to establish three safety standards that may be relevant to a vest and tether system for ambulance attendants. The first is Standard No. 208, Occupant Crash Protection, which sets forth requirements for occupant protection at the various seating positions in vehicles. Ambulances, which are classified as multipurpose passenger vehicles under our regulations, are required to have safety belts

at each designated seating position. The second relevant standard is Standard No. 302, Flammability of Interior Materials. This standard specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles, including ambulances. The third relevant safety standard is Standard No. 209, Seat Belt Assemblies, which sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies.

Standards No. 208 and No. 302 apply, with certain exceptions that are not relevant to your product, to vehicles and not directly to items of equipment. Thus, the vehicle manufacturer, and not the equipment manufacturer, is responsible for certifying compliance to these standards. Standard No. 209, however, applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements.

Standard No. 209 defines a "seat belt assembly" as "any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle." Thus, your vest and tether system would be considered a "seat belt assembly," and the manufacturer of the system would be required to certify that it complies with Standard No. 209 before it could be sold.

If the vest and tether system was installed as original equipment by the vehicle manufacturer, the vehicle manufacturer would be required to certify that the vehicle complied with all applicable safety standards with that equipment installed in the vehicle. If the device was added to a new ambulance prior to its first sale, e.g., by the dealer, the person who modified the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

I note that in your phone conversation with Ms. Versailles, you stated that your ambulances do have safety belts on the bench seat, however, these do not provide the mobility needed by the attendants when they are caring for a patient. It is our understanding that you intend the vest and tether system to supplement the original safety belts. If your vest and tether system were installed in addition to the safety belts required by Standard No. 208, and provided that the installation did not interfere with the required safety belts, such installation would not affect the compliance of the vehicle with Standard No. 208, since the standard's requirements would be fully met by the original belts.

After the first purchase of a vehicle for purposes other than resale, the only provision in Federal law that affects the vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act. That section provides that:

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 provision would prohibit any of the named commercial entities from installing your system if such installation rendered inoperative the compliance of the vehicle with any applicable safety standard. For example, if the material used in your system did not meet the burn resistance requirements of Standard No. 302, installation of the system would render inoperative compliance with that standard. The render inoperative provision does not prohibit owners from modifying their vehicles, even if such modification adversely affects the compliance of the vehicle with safety standards. However, this agency encourages vehicle owners not to make any modifications which would negatively affect the occupant protection systems installed in their vehicles. Also, vehicle modifications by owners may be regulated by state law.

In addition to certifying that your vest and tether system complies with Standard No. 209, I urge you to exercise care in evaluating how effective this system would be in an actual crash situation. The original belt system supplied with the vehicle limits the motion of the occupant by keeping the occupant attached to the seat. Your system would have a dual purpose: allowing the attendant sufficient mobility to care for a patient and protecting the attendant in a crash. The tether on your system will not achieve this second purpose if it allows too much motion within the compartment.

You may wish to consult a private attorney familiar with the law in the State of Arizona regarding potential liability in tort for your business. I also note that every State provides for some degree of civil liability for consumer products and repair work.

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

ref:VSA#208#209#302 d.2/10/94