Interpretation ID: nht87-2.50

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Lyon L. Brinsmade -- Porter and Clements

TITLE: FMVSS INTERPRETATION

TEXT:

Lyon L. Brinsmade, Esq. Porter & Clements 3500 Republicbank Center Houston, TX 77002

This responds for your request for information regarding Federal regulation of semi-trailer manufacturing. You asked about Federal standards applicable to "pneumatic aluminum tank type semi-trailers" which your client wishes to manufacture abroad and imp ort into the United States. You were particularly concerned about specifications for aspects of the vehicle which pneumatically load and discharge substances into and out of the tank unit.

I would like to take this opportunity to provide some background information concerning this agency's regulations. you are correct that the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for that manufacture and sa le of new motor vehicles, including semi-trailers. NHTSA is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles or motor vehicle equipment, nor do we endorse ant commercial produ cts. Instead, the Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that the products meet all applicable safety standards. This process requires each manufacturer to determine in th e exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Vehicle Safety Act is enclosed.)

We note that the term "manufacturer" is defined by section 102(5) of the Act to mean "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equip ment for resale." (Emphasis added.) Therefore your client, as a manufacturer of motor vehicles, is responsible for certifying compliance with all applicable motor vehicle safety standards. The procedure, specified in 49 CFR Part 567, requires also that the manufacturer provide safety information on the certification label, includ ing the vehicle's gross weight rating and gross axle weight rating.

At this time, the only safety standards applicable to all trailers are Safety Standard No. 108, Lamps, reflective devices, and associated equipment, Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, and Standard No. 115, Vehicle Identification Number - Basic Requirements. The content requirements for the vehicle identification number are found at Part 565. Your client's trailers also must meet Standard No. 106, Brake hoses, Standard No. 116, Motor Vehicle brake flui ds, and applicable requirements of Standard No. 121, Air brake systems. These standards are found in 49 CFR Part 571.

You were particularly concerned about Federal standards applicable to pneumatic tank of the semi-trailer. There are no Federal motor vehicle safety standards for pneumatic tank units. However, even in the absence of an applicable safety standard, the Vehicle Safety Act imposes general responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety defects. Manufacturers of motor vehicles and motor vehicle equipment are responsible generally for ensuring safety-related defects and can perform their intended function safely. If your client or the agency determines that a safety-related defect or noncompliance exists, your client is obligated under section 151 et seq. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation.

In addition to the regulations described above, your client should be aware of two procedural rules which apply to all manufacturers subject to the regulation of this agency. The first is 49 CFR Part ???, Manufacturer Identification. This rule requires y our client to submit its name, address, and a brief description of the items of equipment it manufacturers to this agency within 30 days after it imports its products in the Unite States.

The other rule is 49 CFR Part 551, Procedural Rules. Subpart D of this regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Ave., S. W., Washington D. C., 20590, and must include the following information:

1. A certification that the designation of agent in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer; 5. A declaration of acceptance duly signed by the agent appointed, which may an individual, a firm or a United States Corporation; and

6. The full legal name of the designated agent.

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

You asked whether your client's semi-trailers would be affected by regulations administered by other Federal agencies. If the semi-trailer will be used to transport a material designated by the Secretary of Transportation as a "hazardous material" (see 4 9 CFR Part 172), then the transportation of that material is regulated by the Office of Hazardous Materials Transportation of the Research and Special Projects Administration (RSPA). You can contact the director of that office, Mr. Alan Roberts, at 366-0 656 for more information on RSPA's regulations in addition, you might be interested in information about regulations for interstate motor carriers issued by the Federal Highway Administration. Mr. Tim Kozlowski of the Office of Motor Carrier Standards, F ederal Highway Administration, can provide you with more information. He may be reached at this address, Room 3403, or by telephone at (202) 366-1790.

I hope this information has been helpful.

Sincerely,

Erika Z. Jones Chief Counsel

National Highway Traffic Safety Administration Department of Transportation Room 5219 - 400 7th Street S. W. Washington, D.C. 20590

Attention: Chief Counsel's Office

Gentlemen:

This letter is written by way of following up a telephone conference between the writer and your Ms. Didre Hom and is to respectfully request the issuance by your office of a written interpretation concerning compliance with applicable government regulat ions of certain semi-trailers which one of our clients manufactures abroad and proposes to import to the United States for sale and use in this country. Such semi-trailers are described below.

Thus, the subject semi-trailers are of the pneumatic aluminum tank type (see enclosed photocopy) and are used for the transportation in bulk of substances such as cement, flour, lime, sugar, powdered milk, powdered fertilizer and, in general, other subst ances in dry powdered form, which may be loaded and discharged into and out of the tank unit, pneumatically at a pressure of up to 15 pounds per square inch. Detailed specifications of these semi-trailers are attached hereto.

If you should need any additional information, please specify the additional information in as much detail as possible for us to be able to compile the same.

Also, if the characteristics of the subject semi-trailers, as described herein and in the attached, fail to meet applicable requirements, please specify any such failures in as much detail as possible to enable our client to correct the same.

Additionally, we would appreciate your letting us know if there is any other federal agency apart from yours that would need to be consulted to make sure that the specifications of the subject semi-trailers are in compliance with all existing requirement s that may be applicable under federal law.

Yours very truly,

Lyon L. Brinsmade

SPECIFICATIONS OF PNEUMATIC ALUMINUM TANK TYPE SEMI-TRAILERS MANUFACTURED ABROAD AND PROPOSED TO BE IMPORTED FOR SALE IN THE UNITED STATES

(Omitted)