Interpretation ID: 77-2.38
TYPE: INTERPRETATION-NHTSA
DATE: 05/19/77
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Mr. John W. Kourik
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your March 24, 1977, letter asking whether Standard No. 107, Reflecting Surfaces, incorporates by reference the SAE Recommended Practice J941 as of November 1965 or as amended through February 1975.
As you note in your letter, Part 571.5 (49 CFR 571.5) of our regulations establishes guidelines for materials incorporated by reference. That section states that materials which are subject to change, such as the SAE Recommended Practice you mention, are incorporated by reference as they are in effect on the date of adoption of the standard unless otherwise specified. Standard No. 107 refers specifically to the 1965 version of the SAE Recommended Practice. Subsequent amendments of that document by the SAE Technical Committee have no effect upon the Federal standard.
Thank you for your offer of assistance in amending Standard No. 107 to reflect more recent changes in the SAE Recommended Practice. We will keep your offer in mind should we determine that a change in the standard is warranted.
SINCERELY,
April 4, 1977
Office of Chief Counsel National Highway Traffic Safety Administration
Attention: Roper Tilden
We discovered a typographical mistake on the second line of the original March 24, 1977 letter mailed to the Office of the Chief Counsel and would appreciate your substituting this attached copy for the original if it doesn't create any delay in processing the request for interpretation.
John W. Kourik
March 24, 1977
Office of Chief Counsel National Highway Traffic Safety Administration
I would appreciate a statement of interpretation concerning the use of SAE Recommended Practice J941, November 1965 in S571.107 Standard No. 107; Reflecting Surfaces.
Standard No. 107 was promulgated on February 3, 1967 [32 FR 2411] and in accordance with "S571.5 material incorporated by reference" the November 1965 J941 material was designated therin. Since that time the basic SAE 1941 document has been revised as follows: J941a August 1967 J941b February 1969 J941b June 1972 J941d February 1975
In the current Title 49 - Transportation Code of Federal Regulations, Standard No. 107 still identifies the reference as SAE J941, November 1965.
Is it a correct interpretation that the NHTSA is referencing only J941 November 1965 and does not intend J941a or any subsequent revisions to be applicable unless the Standard No. 107 reference is changed by appropriate rulemaking action and final publication of a notice in the Federal Register?
If there is an interest in exploring the rationale for the four (4) revisions to SAE J941, I would be glad to establish a contact with the appropriate SAE Technical Committee.
John W. Kourik