Interpretation ID: nht87-3.53

TYPE: INTERPRETATION-NHTSA

DATE: 12/30/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ellen A. Lockwood -- Assistant U.S. Attorney, District of Guam

TITLE: FMVSS INTERPRETATION

TEXT:

Ellen A. Lockwood, Esq. Assistant U.S. Attorney United States Attorney District of Guam Suite 502-A PNB 238 O'Hara Street Agana, Guam 96910

This is in reply to your letter of September 24, 1987, to Jim Marquez, the former General Counsel of this Department. You have asked about the applicability to the Commonwealth of the Northern Marianas (CNMI) of 15 U.S.C. 1381, and 19 C.F.R. 12.80. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 et seq., as you have noted, applies to the CNMI through Section 502(a)(2) of the "Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States," and is a "State" within the meaning of 15 U.S.C. 1391. This means that it is a violation of 15 U.S.C. 1397 (a) (1) (A) to import into the CNMI any motor vehicle that does not comply with all applicable Federal motor vehicle safety standards.

As authorized by 15 U.S.C. 1397 (b) (3), the Departments of Tranportation and Treasury issued joint regulations to enforce the importation prohibition of 1397 (a) (1) (A). As the authority of the Customs Service is limited to the Customs Territory of the United States, these regulations apply only to "States" within this Territory. They do not apply to Guam, American Samoa, the Virgin Islands, and the CNMI, "States" that lie without the Customs Territory of the United States. It is our understanding tha t each of these "States" enforces 1397 (a) (1) (A) within its borders through an Executive Order issued by the Governor, designating an appropriate local agency for this task. In the Virgin Islands, for example, the Department of Public Safety will not r egister any vehicle that lacks the label required by 49 C.F.R. Part 567 Certification certifying compliance with all applicable Federal motor vehicle safety standards. I enclose representative copies of correspondence that the National Highway Traffic Sa fety Administration has had with the Virgin Islands and the CNMI on this subject.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

September 24, 1987 Jim J. Marquez General Counsel U. S. Department of Transportation 400 Seventh Street S.W., Washington, D.C. 20590

Dear Mr. Marquez:

I am an Assistant United States Attorney for the District of Guam and the Northern Mariana Islands. We were recently asked by local officials if Title 15, U.S.C. Section 1397, which prohibits the manufacture, sale or delivery into the United States of ve hicles which do not conform to DOT safety standards, applies to the Northern Mariana Islands.

The Northern Mariana Islands, formerly part of the Trust Territory of the Pacific Islands, became a Commonwealth in Political Union with the United States on November 3, 1986. The relationship of the United States with the Commonwealth of the Northern Ma riana Islands (CNMI) is defined in the "Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States", (the Covenant), which was approved by Congress in 1976 and placed into effect by Presidential procl amation on November 3, 1986. Article V of the Covenant concerns the applicability of federal laws to the CNMI. Section 502(a)(2) provides that all federal laws, in existence on January 9, 1978, which are applicable to Guam and of general application to t he several states, also apply in the CNMI. This legislation was originally enacted in 1966. Therefore, it was in existence prior to January 9, 1978. The term "state", as it is used in Subchapter I, is defined in Section 1391 to include Guam. Therefore, it appears that the law applies to Guam and is of general application to the several states. Based on this analysis, we have concluded that the law applies both to Guam and the CNMI. J. J. Marquez Sept. 24, 1987 Page 2

In our review of provisions of the C.F.R., however, we note that 19C.F.R. 12.80 prohibits the importation of non-conforming vehicles or equipment into the customs territory of the United States. (emphasis added). Neither Guam nor the CMNI are in the cust oms territory of the United States. Therefore, although the law seems to apply to both, the scope of the law has, it appears, been limited by the C.F.R.

We would very much appreciate your views on the applicability of this law to the CNMI and Guam and whether any enforcement actions are contemplated. This is a very important issue in the CNMI at this time. A prompt response would be greatly appreciated. I can be reached at 671 (country code) 472-7332 or FTS 550-7332. My home number, for your convenience, is 362-4218. We are 14 hours ahead of Washington, D.C. time. Thanks for your help.

Very truly yours,

ELLEN A. LOCKWOOD Assistant U. S. Attorney