Interpretation ID: 86-2.4

TYPE: INTERPRETATION-NHTSA

DATE: 03/04/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Larry Alexander

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Larry Alexander Senior Product Manager Consumer Products Division Tuck Industries, Inc. Lefevre Lane New Rochelle, NY 10801

Dear Mr. Alexander:

This is in reply to your letter of October 1, 1985 asking whether any of your pressure sensitive tapes packaged for the automotive aftermarket are subject to any regulations of the National Highway Traffic Safety Administration. You have been asked by one of your customers to certify that your tape meets all applicable Federal motor vehicle safety standards and other regulations.

You provide four types of tapes: lens repair tape (for temporary use until a broken lens is replaced), hose repair tape (for temporary repair of leaks in water hoses), clear patch tape (for repair of upholstery), and carpet tape (used to hold carpets in place). This agency has jurisdiction over items of motor vehicle equipment, which are defined in part as:

"any system, part or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory or addition to a motor vehicle...."

Your tape could be regarded as an "addition" to a motor vehicle but even assuming that it is an item of motor vehicle equipment, there are no Federal motor vehicle safety standards that would apply to it. Therefore, no manufacturer certification is required, and you may so inform your customer. Further, any such certification could be viewed as a violation of the National Traffic and Motor Vehicle Safety Act by being certification that is false and misleading in a material respect, stating compliance with standards which are, in fact, non-existent.

Sincerely,

Erika Z. Jones Chief Counsel

October 1, 1985

Office of the Chief Council National Highway Traffic Safety Adm. Washington, DC 20590

Gentlemen:

We are a large manufacturer of pressure Sensitive Tapes, some of which are packaged for the Retail Automotive After-market.

One of our Retail Automotive customers has asked us to certify that our tape sold in this market meets all applicable standards and regulations of the Traffic Safety Administration. These products are:

1. Lens Repair Tape - A plastic transparent tape used to repair plastic lenses on broken directional signals as a temporary measure, until they are replaced. Available in amber and red.

2. Hose Repair Tape - A special duct tape used in emergency to temporarily stop a leak in a water hose until it can be repaired.

3. Clear Patch Tape - A clear polyethylene plastic tape us for interior patching of upholstery.

4. Carpet Tape - A double coated plastic tape used to hold carpets in place or keep the edges down.

Please advise if there are any rules or regulations affecting these products sold to the consumer through Retail Outlets, and please forward a copy of such regulations if they apply.

Very truly yours,

TUCK INDUSTRIES, INC.

Larry Alexander Senior Product Mgr. Consumer Products Div.

LA:jas cc: John Iodice Ted Levine