Interpretation ID: 18327.ztv

Mr. John D. Evans
Vice President Engineering
The Knapheide Manufacturing Company
P.O. Box 7140
Quincy, IL 62305-7140

Dear Mr. Evans:

This is in reply to your letter of June 29, 1998, asking for an interpretation of a note to Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.

Standard No. 108 and some of the SAE standards that it incorporates by reference distinguish between vehicles with an overall width of 80 inches or more, and those of lesser width. A note to Standard No. 108 defines "overall width" as the nominal design dimension of the widest part of the vehicle, but excludes certain items including "flexible fender extensions." You have asked whether this term would apply to "a rubber fenderette that is attached to a steel body fender panel." You have also asked whether a "fender design with an integral flare which would be made of a flexible material" and is "easily deformable by finger pressure" would also qualify as a "flexible fender extension."

Although the term "flexible fender extension" has been in the note since 1967 (published at 32 FR 8803), it is not specifically defined. We can find only one instance in which we have interpreted the term. In a letter of May 22, 1997, to Ben Reginella, we informed him that the "painted flexible flares" that he was developing for a Dodge truck were "flexible fender extensions" within the meaning of the term. However, we did not explain how we reached that conclusion. With respect to your "fender design with an integral flare which would be made of flexible material," and which is "easily deformable by finger pressure," in our view, this would not be included in the calculation of "overall width."

We are less certain about "a rubber fenderette." While this might be a "fender extension," its flexibility would appear to depend upon the degree of the hardness of the rubber. It would be a "flexible fender extension" if it, too, is easily deformable by finger pressure.

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.8/17/98