Interpretation ID: nht92-9.10

DATE: February 11, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: H. Ino -- Manager, Quality Assurance, Diamond Star Motors

TITLE: None

ATTACHMT: Attached to letter dated 11/26/91 from H. Ino to Paul Jackson Rice (OCC 6723)

TEXT:

I am writing in response to your letter requesting confirmation that Federal Motor Vehicle Safety Standard No. 115 Vehicle Identification Number - Basic Requirements (49 CFR S571.115) applies only to vehicles manufactured for sale in the United States. This letter confirms that Standard No. 115 and all the rest of our safety standards apply only to vehicles manufactured for sale in the United States.

Please note that in general section 108 (a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397 (a)(1)(A); the Safety Act) prohibits any person from manufacturing, offering for sale, or importing into the United States any motor vehicle manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect, unless the vehicle conforms with the standard. One such standard that is presently in effect is Standard No. 115. However, section 108(b) (3) of the Safety Act (15 U.S.C. 1397(b)(3)) provides that this prohibition of the manufacture and sale of vehicles in the United States that do not conform with all applicable safety standards does not apply to a vehicle that:

1) is intended solely for export; 2) is labeled or tagged to show that it is solely for export; and 3) is actually exported out of the United States.

Any vehicle that meets all three of these conditions need not comply with Standard No. 115 or any other of our safety standards.

I hope this information is helpful to you. If you have any further questions or need additional information, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.