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Interpretation ID: 17247.wkm

March 13, 1998

The Honorable Donald A. Manzullo
House of Representatives
415 South Mulford
Rockford, IL 61108
ATTN: Mr. Bryan Davis

Dear Mr. Manzullo:

Thank you for your letter on behalf of your constituent, Mr. Don R. Etnyre, asking whether the new Federal regulations requiring antilock brake systems (ABS) on vehicles equipped with air brake systems apply to export units during tow-away to the port of shipment. The answer to your question is no.

Our statute generally requires any person manufacturing, selling, importing or offering for sale any motor vehicle or item of motor equipment to ensure that such vehicle or equipment complies with all applicable Federal motor vehicle safety standards. See 30112(a) of Title 49, United States Code, copy enclosed. However, the requirement does not apply to "a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported;" (49 U.S.C. 30112(b)(3)). Similarly, our safety regulations provide that no Federal motor vehicle safety standard applies to such a vehicle or equipment. See 49 Code of Federal Regulations, 571.7(d), copy enclosed.(1)

Accordingly, your constituent's vehicles that are intended solely for export are not required by the regulations of this country to comply with the Federal motor vehicle safety standards, including Standard No. 121, Air Brake Systems, which requires that vehicles equipped with air brake systems be equipped with ABS. Such vehicles can be driven, towed, or otherwise transported to the port for further shipment to a foreign market, so long as they are appropriately labeled on the vehicle or equipment clearly indicating intent to export, or if in a container, as long as the container is labeled indicating intent to export. There is no prescribed form or format for the export label. However, the label must be legible, obvious, and clearly indicate "For Export Only."

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact me at (202) 366-2992.

Sincerely,
[Original signed by:]
John Womack
Acting Chief Counsel
Enclosures
ref:121#571
d.3/13/98

1. Paragraph 571.7(d) erroneously cites 108(b)(5) of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1397(b)(5). The correct citation should have been 108(b)(3), 15 U.S.C. 1397(b)(3). In any case, the Act was recodified in 1994 and 108(b)(3) is now 49 U.S.C. 30112(b)(3), cited above.