ID: 21478.ztv

The Honorable Richard S. Lugar
United States Senate
Washington, DC 20510-1401

Dear Senator Lugar:

I am responding to your recent letter to Rosalyn Millman, Acting Administrator of the National Highway Traffic Safety Administration, on behalf of your constituent, Mark Steele of Goshen. You have enclosed a copy of Mr. Steele's letter to you of February 29, 2000, and asked that we address his additional concerns. Mr. Steele appears to have sent you copies of our correspondence with him dated December 6, 1999, and February 25, 2000, as well as copies of interpretive letters sent to Safety Alert Company in 1983 and Mazda Motors Corporation in 1990.

Mr. Steele believes that it would be in the interest of motor vehicle safety to introduce his proprietary device that would automatically activate a vehicle's hazard warning system lamps when a vehicle is rapidly braking. We have corresponded with Mr. Steele on this subject, not only on December 6, 1999, and February 25, 2000, but initially on October 7, 1999. I enclose a copy of this letter because it is necessary for an understanding of our position vis-a-vis his invention, and why it is not permitted under the relevant regulation, Federal Motor Vehicle Safety Standard No. 108.

Mr. Steele's device would activate the hazard warning system lamps when "a vehicle [is] trying to brake at a rate of deceleration above the vehicle's current capability and the vehicle has automatically initiated its ABS to help maintain some control." Standard No. 108 requires a vehicle's stop lamp system to be activated when the brakes are applied so that, in the situation posited by Mr. Steele, a following driver will already have received a signal that the vehicle ahead is braking before the hazard warning system begins to flash. We therefore do not understand how safety would be improved by this device. We note, too, that Mr. Steele has submitted no data derived from tests of his device demonstrating that it would reduce either the frequency or severity of rear end crashes. His belief that it would enhance safety is speculative.

It is our conviction and that of motor vehicle safety authorities in other countries that motor vehicle safety is best served by standardization of lighting performance, including that on the rear of vehicles. Over the years we have come to believe that lamps must perform only their assigned function, and our interpretations of Standard No. 108 have become more conservative. We did advise Safety Alert Company in 1983 and Mazda in 1990 that the hazard warning system could be used for purposes other than originally intended. We are no longer of that opinion, and our letter of October 7, 1999, to Mr. Steele should be viewed as reversing those interpretations. We believe that S5.1.3 of Standard No. 108 prohibits new uses for required lighting equipment like hazard warning lamps. That section prohibits additional equipment that "impairs the effectiveness" of required lighting equipment. Since Mr. Steele's idea confuses following drivers about the hazard warning lamps, it is expressly prohibited by our standard.

Our position remains as explained in our October 7 letter. When stop lamps are activated, a following driver must react instinctively to the signal. Hazard warning signals are provided through a vehicle's turn signal system. If the stop lamps suddenly begin to flash (as would be the case where the rear turn signals are red and optically combined with the stop lamp) or are supplemented by flashing hazard lights (as would occur when the turn signal lamps are amber) there is the potential of confusing, at least momentarily, the driver following. To be sure, a driver can activate the hazard warning system at any time, but, in general, does so to indicate either that (s)he is proceeding at a slower rate than surrounding traffic, or that the vehicle is stopped on or off a roadway. Activation of the hazard warning lamps should depend on the driver's evaluation of the driving environment and not occur involuntarily simply because the vehicle is decelerating.

I hope that this responds to your concerns. Should you have any further questions, please contact Charlotte Hrncir, NHTSA's Director of Intergovernmental and Congressional Affairs, at (202) 366-2111.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:108
d.5/9/00

ID: 21489vest

Ms. Kathy Durkin
Hold Me Tight Products
P.O. Box 7272
San Jose, CA 95150-7272





Dear Ms. Durkin:

This responds to your letter concerning a "passenger support vest" for use on school buses. I apologize for the delay in responding. You state that "the vest is used during transport to insure that the child stays in the seat and in an upright position." You ask whether your product is subject to the requirements of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems. Our answer is yes.

The National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and items of new motor vehicle equipment to reduce highway crashes and deaths and injuries resulting from crashes. Under that authority, we issued Federal Motor Vehicle Safety Standard No. 213 (49 CFR '571.213), which sets forth requirements which must be met by any device designed for use in a motor vehicle to restrain, seat or position children who weigh 50 pounds or less. I have enclosed an information sheet that describes how you can obtain a copy of the standard.

Your passenger support vest is a device that is designed to restrain children in motor vehicles. It is thus a "child restraint system" subject to the requirements of Standard No. 213. Standard No. 213 requires, among other things, that child restraints provide protection in a 30 mile-per-hour (mph) crash, that the restraint meet the flammability resistance requirements of Standard No. 302, that the belts and buckles meet certain performance requirements, and that the manufacturer provide detailed instructions on the proper use of the restraint. In addition, S5.3.1 of the standard states: "Except for components designed to attach to a child restraint anchorage system, each add-on child restraint system shall not have any means designed for attaching the system to a vehicle seat cushion or vehicle seat back...." While you did not describe your system in detail, you stated that the "straps on the vest wrap the seat back and are independent of the seat belt." Since your restraint is designed to attach to a vehicle seat back (by means of the strap which wraps around the vehicle seat back), the restraint would not meet S5.3.1. NHTSA adopted the prohibition against attaching child restraints to vehicle seat backs because the agency was concerned that a vehicle seat back would not be able to withstand the additional load on it from an attached child seat in a crash. It appears that your vest design would add a load on the vehicle seat back in a crash, and is therefore the type of design that is intended to be prohibited by S5.3.1 of the standard.

Every child restraint system for use in motor vehicles sold in or imported into the United States must be certified as complying with Standard No. 213. For purposes of enforcement, this agency purchases and tests the child restraints according to the procedures specified in the standard. If the restraints fail any of the required tests and are determined not to comply with Standard No. 213, the manufacturers of the child restraints are subject to the recall responsibilities of our statute. Manufacturers must also ensure that their products are free of safety-related defects. Our statute specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer must notify purchasers and provide a cost-free remedy.

You asked for a list of laboratories that test child restraint systems. NHTSA does not endorse particular test laboratories. However, I can provide you with a list of laboratories we are aware of that conduct child restraint compliance tests (see enclosed). There may be other laboratories that can test child restraint systems.

I have enclosed an information sheet that briefly describes the responsibilities of manufacturers of motor vehicles and motor vehicle equipment. In addition, please note that we frequently amend Standard No. 213 to keep the standard as up-to-date as possible. Manufacturers are responsible for keeping current on the requirements of the standard.

I hope this is helpful. If you have any further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
Enclosures

ref:213
d.8/31/01

ID: 21490importtiresneb

Mr. Reginald Williams
A.N. Deringer, Inc.
48 Customs Loop
Houlton, ME 04730

Dear Mr. Williams:

This responds to your March 31, 2000, letter requesting information regarding the requirements for "DOT safety compliance labeling required on the tires." You state in your letter that you are a United States customs broker located in Houlton, Maine and that you have three clients interested in importing new and retreaded tires into the United States from Canada.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

It is not clear from your letter whether your clients are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you receive the information that is of concern to you, I will discuss requirements for new and retreaded tires for use on both passenger cars and on other motor vehicles.

Generally speaking, all tires which are subject to a FMVSS must have the symbol "DOT" molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard.

With regard to new tires, FMVSS No. 109, New pneumatic tires (copy enclosed), and FMVSS No. 110, Tire selection and rims (copy enclosed), specify performance standards and labeling requirements for new passenger car tires and rims. FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars (copy enclosed), and FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars (copy enclosed), specify performance standards and labeling requirements applicable to tires and rims for vehicles other than passenger cars. 49 CFR Part 574, Tire identification and recordkeeping (copy enclosed), requires new tire manufacturers to permanently mold into or onto one tire sidewall a tire identification number (TIN) and specifies methods by which new tire manufacturers and new tire brand name owners shall maintain records of tire purchasers. 49 CFR 575.104, Uniform tire quality grading standards (UTQGS) (copy enclosed), requires new motor vehicle and new tire manufacturers and brand name owners to provide information to consumers concerning the relative performance of passenger car tires in the areas of treadwear, traction, and temperature resistance. The UTQGS grades are also required to be molded into or onto the tire sidewall.

The labeling requirements specified in the regulations referred to above apply to the actual tire manufacturers and/or brand name owners, and the required information, including the DOT symbol and the TIN, must appear on all new tires before they can be sold to their first retail purchasers. A "manufacturer" is defined in 49 U.S.C. 30102(a)(5) as one who manufactures or assembles motor vehicles or equipment or one who imports motor vehicles or equipment for resale.

Concerning retreaded tires, FMVSS No. 117, Retreaded pneumatic tires (copy enclosed), specifies performance, labeling, and certification requirements for retreaded pneumatic passenger car tires. No FMVSS is applicable to retreaded tires for use on motor vehicles other than passenger cars. These tires may be imported without certification of compliance by the retreader and a DOT symbol must not appear on these tires as indicated in 49 CFR 574.5. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 Part CFR 574, if they are to be legally sold in the United States.

In sum, all new or retreaded tires sold or imported into the United States for sale must comply with all applicable FMVSSs and regulations as discussed above. For you and your clients' information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

If the tires in question are intended for or capable of being used on a commercial vehicle, you may want to check with the Department's Federal Motor Carrier Safety Administration at (202) 366-1790, for information about any applicable requirements.

I hope you find this information helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#110#117#119#120
d.5/10/00

ID: 21492volvotension

William Shapiro, P.E.
Director, Regulatory Compliance and Environmental Affairs
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647-0913





Dear Mr. Shapiro:

This responds to your letter asking about a certain aspect of the dynamic test procedure of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems, as applied to a new add-on rear-facing child restraint system that Volvo has developed. Your question relates to a movable surface, a "tension bracket," on the child restraint system that a consumer installing the child restraint would adjust. The tension bracket would increase the tension of the vehicle belt system that attaches the child restraint to the vehicle seat. You ask whether we would deploy the tension bracket in our compliance test of Standard No. 213. Our answer is no.

Background
You explain that the child restraint system ("CRS") is designed in both an infant-only configuration (for children with a mass of up to 10 kilograms (kg)), and a "toddler" configuration (children in the range of 9 to 18 kg). You state that both configurations use a base, or frame, that attaches to the vehicle seat by way of the vehicle belt system and by components that attach to the lower bars of a child restraint anchorage system (see FMVSS No. 225, 49 CFR 571.225).

Your inquiry relates to attaching the child restraint system by way of the vehicle belt system. Volvo designed a tension bracket for this means of attachment, described by you as: "an inverted "U"-shaped surface, attached near the edge of the CRS base or CRS frame (the edge of the CRS which is closest to the vehicle's seat bight)." When the tension bracket is deployed, it "increases tension on the vehicle's belt system, enhancing the coupling of the CRS to the vehicle seat...."

Section 6.1.2(d)(ii) of Standard No. 213 specifies that, when a child restraint is tested on the standard seat assembly when attached by a Type I (lap belt), the belt is tightened to a tension of not less than 53.5 Newtons (N) and not more than 67 N. Volvo believes that the dynamic test should be conducted by "first, routing the standard vehicle lap belt through the CRS belt path/guide, second, adjusting the belt tension to be in the range of 53.5-67 N, and then third, pushing the tension bracket ("U"-shaped surface) against the vehicle seat back by pushing the handle at the top of the tension bracket and the padded top crossbar of the CRS frame apart." Deploying the tension bracket in the sequence will increase the belt tension above 67 N.

You believe that the dynamic test procedure (S6.1.2) of Standard No. 213 permits the deployment of the tension bracket and the resultant increase in belt tension (above 67 N) because S6.1.2 specifies that the add-on child restraint system is installed at the center seating position of the seat assembly "in accordance with the manufacturer's instructions provided with the system." You state that your instructions tell the consumer to (a) "tighten the lap belt fully" while pressing the base into the seat cushion, then (b) deploy the tension bracket. You therefore believe that the dynamic test should be conducted with the tension bracket deployed, since deploying it would be in accordance with your instructions.

Discussion
We do not agree that, for purposes of conducting the dynamic tests in Standard No. 213, the tension bracket should be deployed after the lap belt has been adjusted to 53.5 to 67 N.

The dynamic test procedures of Standard No. 213 are carefully controlled to ensure that all child restraints are tested in the same manner, under identical conditions. Section 6.1.2(d)(ii) of Standard No. 213 specifies the amount of tension that must be on the lap belt (not less than 53.5 N to not more than 67 N) to control the means of attaching each child restraint, thereby reducing variability, and to better assess the performance of the restraint. Under the test procedures of the standard, the tension of the lap belt is checked and controlled immediately before the dynamic test. (See S6.1.2(d)(ii) and S6.1.2(e).) Contrary to your suggestion, we do not subsequently adjust the child restraint to make sure that various features of the restraint that may have been added by the manufacturer are deployed.

Further, specifying the amount of tension that is in the lap belt helps ensure that all child restraints can provide a minimum level of safety when attached in a standardized manner. In our view, no child restraint can be tested with more than the specified 67 N of tension, since that would make the test less stringent. We note that the child restraint requires action on the part of the consumer to increase the belt tension. It does not do so automatically. If the tension adjustment in the seat operated automatically, such that it was impossible to install the seat at a tension below 67 N, we would test at the higher tension.

With your child restraint system, the benefits from the increased tension of the vehicle belt will not be realized by consumers who neglect to deploy the tension bracket or who do so incorrectly. The possibility of the tension bracket not being used is not insignificant, since child restraints do not generally use a tension bracket. The attachment of child restraints to vehicle seats is intended to be standardized. Thus, child restraints must meet the minimum performance requirements of Standard No. 213 regardless of whether a tension bracket is deployed, to guard against a degradation of safety in cases where the bracket is misused.

Accordingly, we conclude that child restraints must meet the minimum performance requirements of Standard No. 213 when the lap belt has a tension of not more than 67 N. We realize that your feature can tension a vehicle belt further and that the removal of slack in the belt system is generally beneficial to child restraint performance. However, our conclusion ensures that child restraints provide a minimum level of safety even when features that are supplemental to the standard means of attaching a child restraint are not used as intended.

If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:213
d.10/17/00

ID: 21499.ztv

Mr. Walter Lewis
Senior Compliance Engineer
Porsche Cars North America, Inc.
980 Hammond Drive
Suite 1000
Atlanta, GA 30328

Dear Mr. Lewis:

We are responding to your letter of April 6, 2000, asking for an interpretation of S5.5.7(b) of Federal Motor Vehicle Safety Standard No. 108 as it applies to Porsche's "Coming Home Light."

Paragraph S5.5.7(b) requires that the taillamps, parking lamps, license plate lamps and side marker lamps be activated when the headlamps are activated in a steady-burning state. Porsche's "Coming Home Light" illuminates the environment around the car "by energizing the headlamps for a short period of time after the key is removed from the ignition." You believe that there is no safety benefit from illuminating these other lamps during the period that the "Coming Home Light" is in use, and ask for an interpretation that it is not subject to S5.5.7(b).

We agree with your conclusion. Devices of this nature have been installed on motor vehicles for over 20 years. The "Coming Home Light" feature is not in use when the vehicle is being operated on roadways, and is activated only when the vehicle is at rest and the ignition key removed. The purpose of Standard No. 108, as stated in S2, is "to reduce traffic accidents. . . by providing adequate illumination of the roadway and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood . . . ." The use of headlamps for a purpose other than those prescribed in S2 does not require compliance with the requirements of Standard No. 108. Thus, S5.5.7(b) does not apply in this instance, and the lamps listed therein need not be activated when the headlamps are activated in the "Coming Home Light" mode.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.6/19/00

ID: 21508retaillabelneb

Mr. Harold Schapiro
1709 Sulgrave Avenue
Baltimore, Maryland 21209

Dear Mr. Schapiro:

This responds to your April 10, 2000, correspondence requesting an opinion as to your proposal to "add, at the retail level, a sticker to the wall of the tire that indicates the retailer (e.g. Sears, Wal-Mart, Mr. Tire, NTB, etc...)." You further state that the sticker would be "non-obtrusive" and ask this office to advise you if there is any regulation that would prohibit this action.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal Motor Vehicle Standards (FMVSS) applicable to new motor vehicles and new items of motor equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

It is not clear from your letter whether you are interested in labeling replacement passenger car tires or replacement tires for use on other motor vehicles. To ensure that you receive the information that is of concern to you, I will discuss identification requirements for replacement tires for use on both passenger cars and on other motor vehicles.

All new passenger car tires must satisfy the requirements of Standard No. 109, New Pneumatic Tires (49 CFR 571.109), and be labeled in accordance with Part 574, Tire identification and recordkeeping (49 CFR Part 574). This is true whether the new passenger car tire is a mud and snow tire, all-season tire, high speed-rated tire, temporary spare tire, or a normal highway service tire. Section S4.3.2 of Standard No. 109 explicitly requires each tire to be labeled with the manufacturer's name or a brand name and the identification number assigned to the manufacturer. The "brand name" refers to the name under which a tire is sold at retail, whether it is identical to the manufacturer's name (e.g., Firestone), a name owned by the manufacturer and used in place of its corporate name (i.e., a house brand, such as Falls that is manufactured by Cooper), or a name owned by someone other than the manufacturer (i.e., a private brand such as Atlas that is made by several manufacturers). Section S4.3.2 uses the singular form to identify the name that must appear on the sidewall (name of manufacturer or the brand name) and connects the alternative with the disjunctive "or." This grammatical structure indicates that only one name, either that of the actual manufacturer or the brand name owner, shall be labeled on the tire. The agency chose this grammatical structure to ensure that consumers would not be confused about the identity of the brand name or manufacturer of the tire.

The marking requirements for tires subject to Standard No. 119, New pneumatic tires for vehicles other than passenger cars (49 CFR 571.119), are set forth in section S6.5 of the standard. Section S6.5(b) requires that each tire be marked with "the tire identification required by part 574 of this chapter." Section 574.5, Tire identification requirements, specifies that "[e]ach tire manufacturer shall conspicuously label on one sidewall of each tire it manufactures, except tires manufactured exclusively for mileage contract purchasers, or non-pneumatic tires of non-pneumatic tire assemblies, by permanently molding into or onto the sidewall, in the manner and location specified in Figure 1, a tire identification number (TIN) containing the information set forth in paragraphs (a) through (d) of this section." Both section S6.5(b) of Standard No. 119 and section 574.5 use the singular form to identify the identification number that must appear on the sidewall. This grammatical structure indicates that identification number, representative of a single manufacturer, shall be labeled on the tire. The agency chose this grammatical structure to ensure that consumers would not be confused about the identity of the manufacturer of the tire.

As discussed above, Standards Nos. 109 and 119 are intended to provide the tire purchaser with necessary information for the safe operation of those tires on the purchaser's vehicle. Although the situation described in your letter is not specifically addressed by the language of these standards, needless confusion could result from the attachment of a retailer's name to a tire which is, as required by our regulations, marked with a manufacturer's name, a brand name, or a manufacturer's TIN. NHTSA believes that this confusion would impair the purpose of tire information labels. Therefore, this agency interprets Standards Nos. 109 and 119 to prohibit the attachment of a retailer's name, through any means, to replacement tires for passenger cars and motor vehicles other than passenger cars.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#119
d.6/19/00

ID: 21519.ogm

Mr. Charles E. Rodgers
Five Greenhouse Lane
Cincinnati, OH 45209

Dear Mr. Rodgers:

This responds to your letter requesting permission to move the seat back in your new vehicle. You explain that you have had two total knee replacements and in its present configuration, the seat of your car may not be moved back far enough to prevent your knees from contacting the dashboard. Due to your condition, the contact between your knees and the dashboard makes it painful for you to drive the vehicle. You ask if the vehicle may be modified so that the seat can be moved back to prevent your knees from contacting the dashboard.

This letter provides the relief you seek. The National Highway Traffic Safety Administration (NHTSA) will not institute enforcement proceedings against a commercial entity that modifies the seat location in your vehicle.

We would like to explain that NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. After the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

Currently, there is no procedure by which businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Businesses may modify vehicles without obtaining permission from NHTSA to do so, but are subject to the make inoperative provision of 49 U.S.C. 30122. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities.

Standard No. 207, Seating Systems, establishes performance requirements for seats and seat mounting systems. We cannot provide you with specific information regarding how the seat in your vehicle, if moved to a new location, will perform in a crash. We note, however, that the relocation of a seat may also have an impact on the performance of the vehicle's occupant protection system, including the seat belts, air bag and seat belt anchorages. You may wish to ask the manufacturer of your vehicle what effect relocating the seat may have on the seating system and the occupant protection system, which may influence your decisions regarding modification of the seat mounting system.

As noted above, in situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider violations of the "make inoperative" prohibition to be justified by public need. Accordingly, NHTSA will not institute enforcement proceedings against a business that modifies the existing seat belts to accommodate your condition.

We caution, however, that only necessary modifications should be made. The vehicle manufacturer should be able to provide information on how the modification can be safely performed. In addition, if the vehicle is sold, we urge you to advise the purchaser that the vehicle has been modified and consider reinstalling the removed safety equipment if appropriate.

If you have other questions or require additional information, please contact Otto Matheke of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA
d.5/9/00

ID: 21525.drn

The Honorable Judd Gregg
United States Senate
Washington, DC 20510-2904

Dear Senator Gregg:

Thank you for your letter to Mr. Peter Halpin, Director of the Department of Transportation's Office of Congressional Affairs, on behalf of a constituent who expressed concerns "regarding a change in federal standards which would prevent the use of vans to transport students."

Because the National Highway Traffic Safety Administration (NHTSA) administers federal regulations for school buses, your letter has been referred to my office for reply. At the outset, let me state that there is no federal statute or regulation that regulates how children must be transported. Requirements regulating how persons must be transported are determined by state law.

Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.

In determining whether a dealer must sell a school bus to a facility, we distinguish between facilities that provide educational programs and those that are strictly custodial. We do not consider facilities that provide custodial programs to be "schools." However, in recent interpretations (see the attached July 23, 1998, letter to Mr. Don Cote) we have stressed that, even if a bus were sold to a facility that provides custodial care, if that facility were purchasing the new bus to use significantly to transport students to or from a school or events related to a school, a dealer knowing of this purpose would be required to sell a school bus.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools or child care facilities from using large vans to transport school children, even when the vehicles do not meet federal school bus safety standards. However, each state has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, New Hampshire law should be consulted to see if there are regulations about how children must be transported.

We wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than "conventional vans." There are small school buses available that seat 15 children. While school buses are more expensive than large vans, we believe that the cost difference is not so large that it should prevent child care centers from acquiring school buses. The cost range for 15-passenger school buses is approximately $30-32,000, compared to $25-28,000 for 15-passenger vans. The longer service life for school buses will offset a part of this difference.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the enclosed abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

I hope this information is helpful. If you have any further questions, please contact Charlotte Hrncir, the Director of Intergovernmental and Congressional Affairs, at (202) 366-2111.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.5/10/00

ID: 21550pressureindicatorneb

Mr. Michael M. Anthony
President
Anthony Engineering & Technologies, Inc.
10189 W. Sample Road
Coral Springs, FL 33065

Dear Mr. Anthony:

This responds to your letter regarding regulations which may impact a tire pressure indicator.

You stated in your letter that your company is putting together a specification for an aftermarket tire pressure indicator ("indicator") that will indicate correct or low tire pressure on tires. A consumer would attach the tire pressure indicator to the tire valve in the same way a regular tire cap is attached. The material of the indicator will be a high strength high impact resistant "PET, similar to engineering plastics used for the beverage bottle industry for high pressure applications", which does not deteriorate with sunlight, smog, or humidity and will not break readily in a direct 50 mile per hour crash. You ask "whether there are any regulations that may impact the design of the indicator and what further considerations you may have deliberated in similar projects."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

Turning now to the tire indicator, we would classify it as an item of motor vehicle equipment, defined in 49 U.S. Code (U.S.C.) 30102(a)(7)(B) as any "part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle." Specifically, the indicator is an accessory if it meets the following criteria:

1. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and
2. It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.

After reviewing your letter, we conclude that the tire indicator is an accessory. It was designed with the expectation that a substantial portion of its expected use will be with motor vehicles. Further, your description of the tire pressure indicator makes it clear that the indicator is intended to be purchased and principally used by ordinary users of motor vehicles to monitor tire pressure.

While the indicator is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, the manufacturer, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118-30121 (copies enclosed) which set forth the notification and remedy (recall) procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.

Additionally, 49 U.S.C. 30122 (copy enclosed) provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the tire pressure indicator could not be installed by any one of those entities if such use would adversely affect the compliance of a vehicle with any FMVSS. This provision does not apply, however, to equipment attached to or installed on or in a vehicle by the vehicle owner.

I note that the Department's Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the U.S. You should contact that office at (202) 366-1790, for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. You should therefore check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

For your information, I am enclosing a fact sheet we prepared entitled Information for new Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#110#117#119#120
d.5/10/00

ID: 21552

Mr. Juergen Lucht
WIKA Alexander Wiegand GmbH & Co (WIKA)
Dept. GLZ-ID-QN
D 63911 Klingenberg
Germany

Dear Mr. Lucht:

This responds to your letter asking about Federal requirements for an air brake pressure hose fitting used in a gauge manufactured by your company. I am pleased to provide this information.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hoses. NHTSA issues Federal motor vehicle safety standards applicable to new vehicles and equipment. Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (49 U.S.C. 30101 et seq.), establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. NHTSA tests vehicles and equipment for compliance with the Federal motor vehicle safety standards and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which an item of original equipment is installed on a new vehicle by the vehicle manufacturer.) A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,100 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment.

Standard No. 106
One of the standards we issued is Standard No. 106, "Brake Hoses," which applies to new motor vehicles and to brake hoses (which include plastic tubing), brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above.

From the information provided in your letter, it appears that WIKA manufactures a dashboard-mounted brake system pressure gauge which is connected to the brake system through a compressed air hose. Your letter did not provide sufficient information for us to offer an opinion as to whether the air lines and end fittings used with your product would be considered "brake hoses" and "brake hose end fittings" subject to the requirements of Standard No. 106, or whether an assembly of hose and end fitting would be a "brake hose assembly" as defined in the standard. Note, however, that it has been NHTSA's long-standing position that accessory air lines and end fittings, such as those used in your product, are "brake hoses" and "brake hose end fittings" if a failure of the line or fitting would result in a loss of pressure in the vehicle's brake system. (See the enclosed June 5, 1987, letter to Albert Schwarz, and the August 3, 1984, letter to Terry Teeter.) Accordingly, if a failure of the accessory lines or fittings used with your product could result in a loss of pressure in the brake system, the hoses, fittings and assemblies are subject to the provisions of Standard No. 106. Chapter 301 states that "a person may not manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any of the hoses, end fittings or assemblies unless the products comply with all of the applicable requirements in Standard No. 106.

A copy of Standard No. 106 is enclosed. In addition, you may access this standard and other Federal motor vehicle safety standards through the NHTSA website at www.nhtsa.dot.gov.

You ask several specific questions, which I will address below.

Registration Requirements
You first ask, "What are the usual procedures for a DOT registration like?" If you are asking about a pre-sale approval process, as explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must self-certify its product as complying with all applicable Federal motor vehicle safety standards.

If you are asking about the labeling requirements of Standard No. 106, the standard requires manufacturers to label their brake hoses, end fittings, and assemblies with certain information, including a manufacturer's designation (see S7.2.1(b), S7.2.2(b), and S7.2.3(b)). The designation assists NHTSA in identifying the manufacturer of noncomplying or defective products. Assuming that your products are subject to Standard No. 106, the manufacturer must file its designation (which may consist of block capital letters, numerals or a symbol) in writing with NHTSA's Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590.

Enforcing Standard No. 106
You also ask how a manufacturer establishes conformity with our standards and whether a manufacturer may perform certification testing on its own or must use an independent test facility or qualified expert. As noted above, it is the manufacturer's responsibility to certify that its products meet all applicable standards. In meeting this responsibility, the manufacturer need not use an independent test facility and is not required to test in a particular manner. However, manufacturers must exercise due care when making the certification. Once your company has determined that the hoses, end fittings, and assemblies comply with the requirements of Standard No. 106, the standard requires you to mark these products with the symbol "DOT" to show your company's certification of compliance, as specified in the standard.

This agency enforces the requirements of Standard No. 106 by purchasing brake hoses, end fittings, and assemblies. The certified products are tested by the agency according to the procedures specified in the standard. If the products pass these tests, no further actions are taken.

Procedural Requirements
I would like to discuss two procedural requirements you must meet to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States.

The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all processes, notices, orders and decisions. This designation should be

mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information:

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

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

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

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

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

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

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

Fees or Costs
Finally, you ask what fees or costs are required for registration and inspection. As noted above, NHTSA does not approve products prior to sale and would inspect a product as part of its compliance testing program. Manufacturers and importers of brake hoses are required to register with the agency and all importers and manufacturers of motor vehicles or motor vehicle equipment are required to meet the identification requirements, and importers are required to provide NHTSA with the identification of an agent for service of process. There are no fees associated with these requirements.

I hope this information is helpful. Please feel free to contact Mr. Otto Matheke of this office at (202) 366-5253 if you have any further questions or need additional information .

Sincerely,

Frank Seales, Jr.
Chief Counsel

Enclosures
ref:106
d.10/17/00