Interpretation ID: aiam2165
Safety Standard No. 218;
SUBJECT: Telephone call from Elmer Rattner, President of Rebcor, Inc. a manufacturer of motorcycle helmets; Assistant Chief Counsel Dyson referred a call he received from Mr Elmer Rattner, President of Rebcor, Inc. on December 31, 1975. Mr. Rattner had a question concerning the labeling requirements of S.5.6.1(1) of Safety Stnadard (sic) No. 218, *Motor-Cycle* *Helmets.* Subsection of S.5.6.1(1) requires that each helmet be permanently labeled with the manufacturer's 'name or identification.' Rebcor, Inc. is in the process of manufacturing helmets to be sold by another company, and would like to cloak the fact that Rebcor is the manufacturer. Mr. Rattner wanted to know if Rebcor could use a number to meet the labeling requirements of Standard 218, rather than the corporate name.; I returned Mr. Rattner's call and told him that our office ha concluded that S.5.6.(1) did not embrace the type of labeling he had in mind. The words 'name' or 'identification' are synonymous terms in the respect that the intent of the requirement is to absolutely identify the original manufacturer of a helmet. 'Identification' might include, for instance, a corporate logo. However, a randum (sic) number that is not otherwise associated with the corporation or corporate name, would not be an 'identification' within the meaning of Standard No. 218. The purpose of the requirement is to assure that the helmet is traceable to the manufacturer. I informed Mr. Rattner that at the present time there is no system within the NHTSA to register a labeling number, although there is a proposal to establish such a procedure.; Mr. Rattner then asked if Rebcor could establish a dummy- corporatio to produce the helmets and place the name of that corporation on the hemets (sic), rather than 'Rebcor.' I informed Mr. Rattner that this would be permissible if the dummy corporation adhered to the manufacturer identification requirements of 49 CFR Part 566.; Hugh F. Oates