Interpretation ID: nht73-4.44

DATE: 08/07/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Hank Thorp Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 7, 1973, which asks if the Manufacturer Code proposal (38 FR 14968, June 7, 1973) as it applies to wheel nuts (1) requires all manufacturers, including vehicle manufacturers, to label their products, (2) permits labeling with self-adhesive stickers, and (3) has authorized the issuance of codes at this time. In addition, you requested a clarification of an interpretation of Standard 211, Wheel nuts.

The answer to your first question is yes. The labeling requirements apply to foreign and domestic manufacturers of passenger cars and multi-purpose passenger vehicles and to manufacturers of equipment for those vehicles. The term "manufacturer" includes an importer of vehicles or regulated equipment.

The use of a self-adhesive sticker in satisfaction of the permanent and legible labeling requirements of the proposal is permissible, so long as the information printed thereon is indelible and the label is affixed in such a manner that it cannot be removed without destroying or defacing it.

No codes have been assigned at this time. Assignment will not occur until a decision is reached as to issuance of a final rule.

The small hexagonal nuts which you import and which you describe as serving the same purpose as the small hexagonal nuts which secure factory-mounted, steel wheels to an axle, are not wheel nuts under the standard. The reference to normal coverage by a hub cap or wheel disc is simply descriptive of their location.

MINILITE

July 7, 1973

James E. Wilson Associate Administrator Traffic Safety Programs U.S. Department of Transportation

I am writing to you with respect to the proposed rules (49CFR Parts 566, 567, 568, 571) as published in Volume 38, #109, of the Federal Registration of Thursday, June 7, 1973. I have a number of questions concerning these proposed rules which should also be construed, in part, as comment upon the proposed rules before adoption.

1. As exclusive U.S. Importer of light alloy road wheels, trademarked MINILITE(register) (Registration #893174), we also import wheel nuts and hub caps used with these wheels.(Illegible Word) 1 January 1968, we were required by the U. S. Bureau of Customs to clearly(Illegible Word) the containers in which these products were imported to indicate that they complied fully with Section 571.211. At that time, manufacturers of identical products for the aftermarket within the United States were not required to show similar statements of compliance on their packages. Do the proposed rules referenced above affect all manufacturers of these products, whether or not they are imported or not and whether or not they are used in the assembly of new motor vehicles?

2. Please refer to the specifics of Part 571; S211-1. This standard was revised effective 7/25/69 to add an interpretation as follows.

"INTERPRETATION"

A clarification of the term "wheel nut" as used in the requirements section S3 of Standard No. 211 has been requested. This section states that "wheel nuts, hub caps, and wheel discs for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections." A "wheel nut" is an exposed nut that is mounted at the center or hub of a wheel, and not the ordinary small hexagonal nut, one of several which secures a wheel to an axle, and which is normally covered by a hub cap or wheel disc."

The wheel nuts we import are small hexagonal nuts and 4 or 5 are used to hold each wheel to the axle. The U. S. Bureau of Customs has not considered these to be of the type affected by this standard. However, due to the nature of light alloy wheels, our wheels nuts are not "normally covered by a hub cap or wheel disc". I am requesting a written interpretation as to whether the small hexagonal wheel nuts used with light alloy wheels but not normally covered by a hub cap or wheel disc are covered by Standard 211.

3. If the answer to #2 above is no, I would comment that it would seem appropriate to change the language of Standard 211 and designate that the standard covers "center lock wheel nuts" rather than "wheel nuts".

4. Regards hub caps; our cap is a smooth chemically brightened aluminum cap of either 2 5/8 or 3 1/8 diameter which is pushed through the center hole from the back of the wheel before the wheel is mounted to the axle. It is clear that this is covered by the Standard and would, therefore, require manufacturers identification if the proposed rules are passed. Does the comment that "each wheel nut, wheel disc, and hub cap to be permanently and legibly marked or labeled with the manufacturers code number . . ." permit labeling to take the form of a self-adhesive label affixed to the inside of our hub cap so as not to be visible when the cap is fitted to an automobile?

5. If your answer to question #1 indicates that stateside manufacturers of after-market hub caps are not affected by the standard and/or the proposed manufacturers certification requirements, I would comment that the standard is missing the main(Illegible Word) of its purpose; that is, to eliminate winged extensions from center lock wheel nuts and hub caps on vehicles used on the public highways of the United States. The prime source of hub caps produced with eared extensions is from automotive aftermarket manufacturers located in this country.

6. Are assignment of manufacturers identification numbers being made now, or will this assignment be made after the proposed rules are adopted?

I look forward to a reply from you on the above points.

Hank Thorp