Interpretation ID: aiam5237

"Dear CONFIDENTIAL: This responds to your request for an interpretatio of the theft prevention standard (49 CFR Part 541). You asked whether 'embossing' is permitted to mark engines and transmissions for original and replacement parts. You also asked whether the symbol 'DOT' and your company's logo may appear in identical locations on original and replacement parts. As explained below, embossing is permitted, but 'DOT' may not appear on original parts. The relevant Part 541 provisions are Sections 541.5 Requirements for passenger cars and 541.6 Requirements for replacement parts. Section 541.5(a) states that each passenger car subject to the theft prevention standard must have an identifying number 'affixed or inscribed' on each of fourteen specified original parts. Section 541.6(a) states that each replacement part must have the trademark of the replacement part manufacturer and the letter 'R' 'affixed or inscribed' on such replacement part. Section 541.6(f) states that each replacement part must bear the symbol 'DOT,' that is 'inscribed or affixed.' In response to your first question about embossing, we note the required information on original and replacement parts must be 'inscribed or affixed.' To determine whether embossing is a means of 'inscribing,' we have reviewed the dictionary's definition. 'Inscribe' means 'to mark or engrave (words, symbols, etc.) on some surface.' (See Webster's New World Dictionary, College Edition.) Since embossing is a means of marking on a surface, embossing would be included within the definition of 'inscribing.' The preamble to the final rule that established Part 541 confirms the above interpretation. NHTSA then stated that it 'has no authority to mandate the use of any particular marking system. NHTSA has authority only to establish performance criteria that will accomplish the purposes of the Theft Act. The manufacturers are free to select any marking system that satisfies those criteria.' (See 50 FR 43166, at 43170, October 24, 1985.) Thus, if your company believes embossing satisfies Part 541 performance criteria, it may emboss. Your second question asked whether 'DOT' may be marked on original parts. The answer is no. Original parts must be marked with the vehicle identification number. If an original part includes 'DOT,' the part would be dual marked. 'Dual marking' was discussed in Part 541's preamble: ... the agency cannot allow such dual markings under the theft prevention standard. Dual markings would give thieves the opportunity to present stolen original equipment parts as properly marked replacement parts. ... This would not serve the purpose of the Theft Act of 'decreasing the ease with which certain stolen vehicles and their major parts can be fenced.' (See 50 FR 43166, at 43179). It would also be inappropriate to mark 'DOT' on an original part because 'DOT' is a manufacturer's certification that a replacement part conforms to Part 541. (See 49 CFR 541.6(f)). Since an original part would not conform to Part 541's requirements for replacement parts, it would be inappropriate for a manufacturer to certify compliance by placing 'DOT' on the original part. Finally, it was requested that your company not be identified in public copies of this letter, and that your incoming letter be purged of references to your company. In order to save time, we agree to do this. In the future, however, please note that 49 CFR Part 512 Confidential Business Information sets forth procedures for protecting information that your company believes is confidential. I hope this satisfactorily responds to your concerns. If there are further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";