Interpretation ID: aiam1889
Frigiking
Inc.
10858 Harry Hines Boulevard
Dallas
TX 75220;
Dear Mr. Holden: Your letter of March 7, 1975 to Mr. Alex Calaluca, Motor Vehicl Programs Director of the National Highway Traffic Safety Administration's Region 6, has been referred to this office. You wish to be informed of Frigiking's responsibilities under the NHTSA's rules and regulations as a manufacturer of automotive air conditioners for sale to domestic and foreign auto manufacturers, automobile dealers and automobile supply retail outlets.; Mr. Calaluca correctly indicated that there is currently no Federa Motor Vehicle Safety Standard which regulates automobile air conditioners. He also correctly informed you that your firm is not deemed a manufacturer by the NHTSA when your product is installed as original equipment. Where the Frigiking air conditioner is installed in a vehicle prior the first sale of the vehicle the manufacturer of the vehicle is also deemed to be manufacturer of your product. However, you should understand that in all other cases your company is considered a manufacturer under the NHTSA's rules and regulations. For example, where units are sold under private label to mass merchandising firms for sale and installation to individual automobile owners, or where units are sold through Frigiking's distributor/dealer organization for individual unit retail sales where the sale is other than to a franchised auto dealer for installation prior to the sale of the new car, Frigiking has certain responsibilities under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, notwithstanding the absence of any Safety Standard regulating air conditioners.; In the event that the NHTSA determined through its own investigatio that an air conditioner produced by your firm contained a defect related to motor vehicle safety, you would be required to give notice of the defect to every person who had purchased the produce manufactured during the period when a defect was known to exist. This manufacturing period could extend up to 8 years preceding the notification. In addition you would be required to repair or replace without charge every such defective air conditioner presented to you, and repurchase defective air conditioners from distributors and dealers.; Finally, it would be wise for Frigiking to remind manufacturers an dealers who install its air conditioners in motor vehicles prior to first sale that they must account for the addition of an air conditioning unit in certifying that the vehicle conforms to Federal standards and in certifying the Gross Vehicle Weight Rating and Gross Axle Weight Rating as required by the NHTSA regulations contained in 49 CFR Part 567.; Please do not hesitate to contact us if we can be of furthe assistance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel