Interpretation ID: nht74-4.27

DATE: 05/14/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: L and R Enterprises

COPYEE: HON. JOHN TOWER; HON. LLOYD BENTSEN

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 15, 1974, letter asking whether your installation of spotlights through the left A-pillar of passenger cars is subject to Standards 201 and 216.

Standard 201 does not apply to the instrument panel area on the driver's side from the left door to a longitudinal plane 3-1/4 inches to the right of the steering wheel. The left A pillar is within this excluded area.

Your drilling operation may affect roof strength and I have enclosed a copy of Standard 216, our standard on roof crush resistance. Under the National Traffic and Motor Vehicle Safety Act of 1966, it is the responsibility of the person who manufacturers or alters a vehicle to determine whether his vehicle meets the requirements.

Your business is subject to these requirements, however, only if you qualify as an alterer of motor vehicles under 49 CFR 567.7, which is enclosed. The mounting of a spotlight by drilling the A-pillar is a "non-readily attachable" alteration. Such an alteration would be subject to the @ 567.7 requirement only if you mount it "before the first purchase of the vehicle in good faith for purposes other than resale."

2 ENCLS

GENERAL SERVICES ADMINISTRATION

February 19, 1974

Jim Lang President L and R Enterprises

Since the questions raised in your letter of February 15, 1974, are under the jurisdiction of the National Highway Traffic Safety Administration, Department of Transportation, we have taken the liberty of forwarding it to the General Counsel of that agency.

You can expect to hear directly from that office in the near future.

FRED J. EMERY Director of the Federal Register

cc:w/encl Lawrence R. Schneider, Esq.

General Counsel

National Highway Traffic Safety Administration

cc: (1) Honorable John Tower

United States Senate

(2) Honorable Lloyd Bentsen

United States Senate

L and R Enterprises

February 15, 1974

Director Office of Federal Registrar National Archives and Records Service General Services Administration

Ref: Code of Federal Regulations

49 transportation

Parts 200 to 999

Revised October 1, 1972

With reference to part 571 of the above publication and entitled Federal Motor Vehicle Standard; sub-part 571.201 and with specific reference to S3.1.1b and c, has been interpreted to indicate that any rigid projection outboard from the padded dash is or will be illegal. Our exact reference here has to do with a "post mounted spot light which has a rigid handle outboard from said dash." Please provide an exact interpretation of the above for us.

Another question arises in sub-part 571.216 with specific reference the strength of the roof of a vehicle. Said testing is completed the factory, but if a 1/2" to 3/4" hole is drilled in the left or right front corner post, the physical structure is altered and weakened. We would appreciate a positive interpretation on this point also.

L and R Enterprises is a manufacturer of 12 volt lighting devices, and we need these two interpretations so as to know how to schedule our production.

Thanks for your assistance in this matter.

Jim Lang President L and R Enterprises

c/c Honorable John tower Senator from Texas

Honorable Lloyd Pentsen

Senator from Texas