Interpretation ID: 1984-1.47

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Nissan Research & Development Inc. --Takeshi Tanuma, Chief Operating Officer

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Takeshi Tanuma Chief Operating Officer Nissan Research & Development, Inc. P.O. Box 8650 Ann Arbor, Michigan 48104

This responds to your April 4, 19B4 letter regarding the use of two certification labels on motor vehicles, with each label containing a portion of the information specified in 49 CFR Part 567 and the two labels together providing all the specified information.

While the certification regulations specify that "a label" shall be used, the agency has permitted the use of a label in two parts in circumstances which will not lead to confusion and which will satisfy the basic intent of Part 567. In particular, the two portions of the label must be placed in close proximity to each other, to permit individuals to readily find all the specified information and to leave no doubt as to the significance of either portion of the label. Further, the two portions must be oriented in such a manner that the information specified in section 567.4(g) of the certification regulations appears in the required order. As a practical matter, these considerations require that the two portions be affixed to the same vehicle part. While we cannot specify a particular distance as a maximum permissible separation of the two portions of the label, the two portions must be located so as to leave the unmistakable impression that they provide related information.

You also raised the possibility of adding language to one portion of the label to indicate the existence of the other portion and to specify the location of the second portion. While such language is not required, it might be a desirable means of promoting compliance with the considerations discussed above.

Sincerely,

Frank Berndt Chief Counsel

NISSAN RESEARCH & DEVELOPMENT, INC. 3995 Research Park Drive P.O. Box 8650 Ann Arbor, Michigan 48104 Telephone (313) 665-2044

April 4, 1984 Ref: W-055-S

Dear Mr. Berndt:

On behalf of Nissan Motor Co., Ltd., Nissan Research & Development, Inc., herewith submits a request for interpretation concerning certain aspects of the certification label requirement as stipulated in the Code of Federal Regulations, Title 49, Part 567 -"Certification."

1. If installation of one single label is not practicable due to spacing constraints, can a manufacturer affix two labels instead which, in combination, contain the required information on conformity to federal standards? (Please refer to Diagram 1, attached, for illustration.)

2. If a manufacturer may use two labels, what restrictions would govern the placement of those labels? For example, could one lable be affixed to the door-latch post, and the other to the door edge that meets the door-latch post? Or instead would both labels be required to appear on the same vehicle part? Are there any recommended guidelines for spacing, such as that the labels must appear not less than a specified number of inches apart, if both labels are affixed to the same part? (See Diagram 2.)

3. Contingent on the Agency's approval of the use of two labels, would it be necessary for label #1 to indicate, "Please see label #2 at location ," or something similar?

Thank you for your assistance in helping to evaluate these regulatory guidelines. Any expediency with which you treat this request would be greatly appreciated. If you or your staff require further information, please contact Mr. Shizuo Suzuki in the Washington, D.C. office of Nissan Research & Development, Inc., at (202) 466-5284.

Sincerely,

Takeshi Tanuma Chief Operating Officer

TT:SS:maz Attachment cc: Mr. Roger Fairchild Room 5219, NHTSA