Interpretation ID: 77-3.42

TYPE: INTERPRETATION-NHTSA

DATE: 08/03/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Cantey; Hanger; Gooch; Munn; & Collins

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 1, 1977, letter asking whether your client, a company that manufactures, distributes, and sometimes installs air conditioners and cruise control units on automobiles prior to first purchase for purposes other than resale, must comply with the certification and other requirements of the National Highway Traffic Safety Administration (NHTSA).

Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 U.S.C. 1381, 1403) requires that motor vehicle and motor vehicle equipment manufacturers certify that each vehicle or item of equipment conforms to all applicable Federal motor vehicle safety standards. There are no standards applicable to air conditioners or cruise controls. Thus, your client would not be required to certify the equipment he manufactures.

Your client may, however, have certification responsibilities as prescribed in the regulation issued under Section 114 (49 CFR Part 567, Certification) in his capacity as installer of air conditioners or cruise controls if such installation places him within the status of "alterer," as that term is defined in Part 567.7. This would occur if the installation of the equipment, prior to the vehicle's first purchase for purposes other than resale, either altered the vehicle's gross vehicle weight rating or gross axle weight rating or was the installation of a nonreadily attachable component.

It is unlikely that the installation of an air conditioning unit would alter the gross vehicle weight rating (GVWR). GVWR is defined in 49 CFR Part 571.3 as "the value specified by the vehicle manufacturer as the loaded weight of a single vehicle." The installation of air conditioners or cruise controls may, however, constitute an installation of equipment which is not readily attachable or may exceed the gross axle weight rating. If this is the case, your client would have to comply with the requirements of Part 567.7. To ascertain whether the installation involves readily attachable components such factors as the intricacy of installation, and the need for special expertise or tools must be taken into consideration.

You ask whether your client would be required to comply with 49 CFR Part 566, Manufacturer Identification. This part applies to manufacturers of motor vehicles and motor vehicle equipment to which a safety standard applies. Since no safety standards apply to the equipment manufactured by your client, he would not be required to comply with this regulation in his capacity as an equipment manufacturer. Further, the NHTSA has determined by interpretation that vehicle alterers need not comply with Part 566. Similarly, 49 CFR Part 568, Vehicles Manufactured in Two or More Stages, may not apply to your client, since the installation of an air conditioner or a cruise control would not make your client an incomplete vehicle manufacturer, an intermediate manufacturer, or a final stage manufacturer of vehicles as those terms are defined in the regulation (568.3). Your client might have responsibilities under Part 568.8 as a vehicle alterer, however.

You should note that if your client is considered an alterer, as defined in Part 567 or Part 568 he would be considered a manufacturer for purposes of notification and recall for defects or noncompliances resulting from his installations (the Act, Section 151 et seq.).

If we can be of further assistance do not hesitate to contact us.

SINCERELY,

CANTEY, HANGER, GOOCH, MUNN & COLLINS

March 1, 1977

David Fay Engineering Systems Staff National Highway Traffic Safety Administration

Our firm represents a company which manufactures and distributes auto air-conditioning units and which sometimes installs such units along with cruise control devices on automobiles before they are sold for the first time at retail. This company is most desirous of complying with all applicable Federal Rules and Regulations governing their area of activity.

Our attention has been drawn to 15 USCS Section 1403, entitled "Certification of vehicle or equipment as to conformity with safety standards." This statute seems to require every manufacturer of motor vehicle equipment to certify that each item of such equipment conforms to all applicable Federal motor vehicle safety standards, and that such certification may be in the form of a label or tag on such item or on the outside of the container in which such item is delivered. The Regulations do not appear to address manufacturers of motor vehicle equipment unless such equipment is the subject of one of the safety standards set forth in the Regulations. The statute is not so narrowly drawn and our question is whether we must comply with it in the event that there are no safety standards which apply to air conditioners.

Our next question concerns Part 566 of Title 49, Transportation Regulations. Part 566 requires manufacturers of motor vehicle equipment, to which a motor vehicle safety standard applies, to submit identifying information and a description of the items they produce to the Administrator, The National Highway Traffic Safety Administration. After reading the safety standards set forth in the Title 49 Regulations, I was unable to find any which would apply to air conditioners, and I would like for you to confirm this for me.

Of perhaps greater importance than the problems listed above, is the one which arises out of Part 567 and 568 of said Title 49, Transportation Regulations. The language therein, taken literally, is very broad; nevertheless, it is not without ambiguity. 567.2 states that this part applies to manufacturers and distributors of motor vehicles, to which one or more standards are applicable. This statement creates two issues:

1. Is a company which installs automobile air conditioners and cruise control units a manufacturer of motor vehicles?

2. Are there any standards which would apply to them?

Another question we have is whether or not the installation of these devices would subject the installer to the requirements imposed upon manufacturers of vehicles manufactured in two or more stages. I was under the impression that the special rules governing manufacturers of vehicles manufactured in two or more stages were designed to cover cement trucks, campers and the like; however, the literal reading of the definition might cover the installation of the accessories in question, and we would like to get your opinion on this subject.

Finally, we are concerned with 567.7, entitled "Requirements for persons who alter certified vehicles." We would like your opinion as to whether or not the installation of either an automobile air conditioner or a cruise control device, or both, would constitute an alteration sufficient to require the type of label specified in this Regulation.

If such a label is required, to what extent must the gross vehicle weight be altered before the modified values provided in the forms specified in Sections 567.4(g) (3) and (5) apply? In that regard, we would like to know if the gross vehicle weight "rating" means something different than the gross vehicle weight. It occurs to me that the weight "rating" may refer to certain categories of variously weighted vehicles. For example, vehicles over 5,000 pounds and under 10,000 pounds, or over 10,000 pounds or under 15,000 pounds, for each of which classes of vehicles a different safety standard might perhaps apply.

We believe that the statutes and Regulations above referred to constitute all of those to which we might possibly be subject. If there are any others, of which you are aware, we would appreciate your calling same to our attention.

We are awaiting your response before undertaking the task of having special labels printed up, installed, etc., and would appreciate it if you would respond as soon as you are able.

Noel C. Ice

cc: JOE BURKETT -- AMC AIR CONDITIONING CO.