Interpretation ID: aiam4074
Chief Operating Office
Nissan Research & Development
Inc.
3995 Research Park Drive
P.O. Box 8650
Ann Arbor
MI 48104;
Dear Mr. Tanuma: This responds to your letter requesting an interpretation of Part 541 *Federal Motor Vehicle Theft Prevention Standard*. You asked two separate questions which are discussed in detail below.; First, you stated that you plan to introduce a 1987 carline in Marc 1986. This particular carline has been selected as one that will be subject to the requirements of Part 541. However, Part 541 does not become effective until April 24, 1986. You stated your belief that the introduction of the 1987 vehicles in that carline before the effective date of Part 541 means that none of the 1987 vehicles in that carline will be required to comply with Part 541. Your belief is correct.; As you noted, the effective date for Part 541 is April 24, 1986. Thi effective date means that Part 541 applies to all selected carlines beginning with the 1987 model year. However, the legislative history for Title VI of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2021 *et seq*.), which Title requires that Part 541 be promulgated, expressly states: 'The theft prevention standard cannot apply to a car in the middle of the model year.' H.R. Rep. No. 1087, 98th Cong., 2d Sess. at 11 (1984).; For purposes of Title VI of the Cost Savings Act, NHTSA believes tha the model year for a carline begins on the day on which a vehicle in that carline is introduced into commerce in the United States. Thus, if a 1987 model year vehicle in a carline is introduced into commerce before the effective date of Part 541, the 1987 model year for that carline would have begun prior to the effective date of the theft prevention standard. Obviously, the requirements of a standard do not apply before the effective date. Given the clear expression of Congressional intent that this theft prevention standard cannot apply to a carline in the middle of its model year, NHTSA concludes that a 1987 model year version of a carline introduced into commerce before the effective date of the theft prevention standard is not subject to the requirements of the theft prevention standard for the 1987 model year. That selected carline would, of course, be subject to Part 541 in the 1988 and subsequent model years.; Second, you stated that Nissan plans to affix a metal plate to th engines and transmissions of carlines selected for coverage under Part 541. You asked whether such a metal plate would appear to comply with the requirements of S541.5(d)(1).; You are correct in assuming that all markings which are affixed to part, whether by means of adhesive, special screws, rivets, or welding, are considered 'labels' and must satisfy the requirements of S541.5(d)(1). However, section 606(c) of the Motor Vehicle Information and Cost Savings Act 915 U.S.C. 2026(c)) requires each *manufacturer* to certify that its vehicles comply with the theft prevention standard. For this reason, NHTSA does not approve or certify that a vehicle or method of marking complies with the theft prevention standard.; If you have any further questions or need more information on thi subject, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.; Sincerely, Erika Z. Jones, Chief Counsel