Interpretation ID: nht91-3.45

DATE: May 9, 1991

FROM: Erika Z. Jones -- Mayer, Brown & Platt

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-8-91 from Paul Jackson Rice to Erika Z. Jones (A38; Part 565)

TEXT:

I am writing on behalf of a client to seek NHTSA's interpretation of 49 CFR Part 565 relating to the vehicle identification number. In particular, my client is interested in knowing NHTSA's views with respect to two issues involving the unique World Manufacturer Identifier assigned by the Society for Automotive Engineers under NHTSA's supervision.

We have framed our questions in the context of a hypothetical corporation with two subsidiaries. The XYZ Company manufactures motor vehicles for sale in the United States and Europe. XYZ certifies that the motor vehicles offered for sale in the United States comply with vehicle safety standards, and accepts all responsibilities of a manufacturer under the Vehicle Safety Act. XYZ has two wholly-owned subsidiaries: the ABC Company, which performs assembly and marketing functions in the United States for the U.S.-certified vehicles manufactured by XYZ, and the DEF Corporation, which performs assembly and marketing functions solely for vehicles sold outside the United States. As we understand NHTSA's interpretations, we assume that the world manufacturer identification component of the Vehicle Identification Number required by Part 565 of NHTSA's rules should identify XYZ as the manufacturer for any vehicle offered for sale in the United States, even if the actual assembly and/or marketing was performed by the ABC Company.

Our first question is whether there are any implications under NHTSA rules, particularly Part 565, if the DEF Company (the subsidiary that assembles and markets vehicles solely outside the United States) were to obtain a world manufacturer identification code from the SAE in its own name, for use solely on vehicles offered for sale outside the United States.

Our second question is whether NHTSA would have any objection if the XYZ Company were to request the SAE to include in its next directory of world manufacturer identifiers a simple notation (such as a parenthetical or a footnote) indicating that XYZ has authorized its subsidiary, ABC, to use one of XYZ's world manufacturer identification codes on vehicles assembled or marketed by ABC. In our view, such an illustrative parenthetical would provide helpful information to users of the SAE reference material, while having no effect on NHTSA's requirements, which would continue to apply to XYZ as the certifying manufacturer.

I look forward to your response. Please call me if you have any questions.