Interpretation ID: aiam3645
Manager
Able Body Company
P.O. Box 1868
Joplin
MO 64802;
Dear Mr. Cowen: This is in reply to your letter of May 26, 1983, petitioning for determination that a noncompliance with Standard No. 302 existing in truck sleeper berths that you manufacture is inconsequential as it relates to motor vehicle safety.; We do not believe that Able Body has the legal responsibility to file petition of this nature. Your description of the company as a manufacturer of 'sleeper berths for over-the-road trucks' indicates that Able Body is a supplier of original equipment which is installed in trucks rather than the manufacturer of the truck itself. While Able Body may have a contractual obligation with truck manufacturers to provide them with evidence of compliance with Standard No. 302, the truck manufacturer itself assumes ultimate responsibility under the National Traffic and Motor Safety Act for compliance with that standard by affixing a label to each truck certifying compliance with all applicable standards. This means that the truck manufacturer has the legal responsibility to notify purchasers and remedy noncompliances in its products involving Standard No. 302, even though the component concerned was produced by another company. As the obligation to notify and remedy rests upon the truck manufacturer, only that party may petition for an inconsequentiality determination.; When noncompliances occur, they must be reported to the agency pursuan to 49 CFR 573 *Defect and Noncompliance Reports*. Under this regulation either a component or a vehicle manufacturer may report a noncompliance to NHTSA if the noncompliance exists only in original equipment of a single vehicle manufacturer. However, if the noncomplying component has been used in the vehicles or more than one manufacturer, the manufacturer of the component and all vehicle manufacturers must file individual noncompliance reports. We have no record that Able Body has filed a Part 573 report on this matter. I enclose a copy of Part 573 for your information.; We would appreciate prompt filing of a Part 573 report by Able Bod and/or relevant truck manufacturer(s). You may advise your customers of their right to file an inconsequentiality petition.; Sincerely, Frank Berndt, Chief Counsel