Interpretation ID: aiam3673
Cummins Engine Company
Inc.
Box 3005
Columbus
IN 47201;
Dear Mr. Uranga: This responds to your January 28, 1983, letter asking about th responsibilities of an original equipment manufacturer for compliance with Part 573, *Defect and Noncompliance Reports*, and other agency recall-related regulations. In particular, you ask questions concerning a hypothetically defective original equipment fan that is a component of an original equipment engine that you manufacture. You ask whether your company would be responsible for compliance with agency regulations if you notified the fan manufacturer of a defect in its product and if that manufacturer refused to report to the National Highway Traffic Safety Administration.; Part 579, *Defect and Noncompliance Responsibility*, states clearl that original equipment is the responsibility of the vehicle manufacturer. As such, the manufacturer(s) of the vehicles in which the equipment is installed would be responsible for recalling and remedying the defective fan. However, Part 573 states that in the case of original equipment, defect reports shall be submitted by either the equipment or the vehicle manufacturer when the defective equipment has been supplied to only one vehicle manufacturer. On the other hand, where such equipment is supplied to more than one manufacturer, both the vehicle manufacturers and the original equipment manufacturer must submit the required reports.; Your hypothetical situation further complicates the reports questio because the original equipment is a component of the original equipment that you manufacture. The agency concludes that in the situation that you posit, the manufacturer of the fan and the manufacturer of all of the vehicles in which the fan is installed would be required to supply the necessary defect reports. Failure to do so would subject all manufacturers to the penalties provided by law. If the fan manufacturer refuses to submit the required reports, it would be the responsibility of your company to issue the report to the agency, since you would also be considered an original equipment manufacturer and the defective component would be part of your equipment. The agency would not require both your company and the fan manufacturer to report. A report submitted by either company would be considered compliance by both companies. However, failure of both companies to report could result in the imposition of penalties on both.; I trust this fully answers your question. Sincerely, Frank Berndt, Chief Counsel