Interpretation ID: aiam3687
Cummins Engine Company
Inc.
Box 3005
Columbus
IN 47201;
Dear Mr. Uranga: This is in further response to your January 28, 1983, letter in whic you asked about the defect reporting requirements in Part 573, *Defect and Noncompliance Reports*. We responded by letter to you on March 24 indicating that as an original equipment manufacturer you might have some reporting responsibilities if a component of your original equipment was found to be defective.; In a conversation with Roger Tilton of my staff, you have indicate that you manufacture the engine of a certain vehicle and another manufacturer produces the fan. Both pieces of equipment are then sent to the vehicle manufacturer for assembly with the vehicle. In this instance, you ask whether you would have reporting responsibilities if the fan were determined to be defective. The answer to your question is no.; In the situation that you pose, you do not install the fan on you equipment nor does the fan ever come within your control. Therefore, you would not have responsibility for that part. The fan manufacturer and the vehicle manufacturer would be responsible for any defects in that equipment. In instances where you might install a fan on your equipment prior to sale to the vehicle manufacturer, you might have reporting responsibilities if a defect is discovered in that part, since the part would be a component of the overall engine that you supplied to the vehicle manufacturer.; Sincerely, Frank Berndt, Chief Counsel