Interpretation ID: 86-3.32

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. H. Moriyoshi

TITLE: FMVSS INTERPRETATION

TEXT:

May 27, 1876 Mr. H. Moriyoshi Executive Vice President and General Manager Mazda (North America), Inc. 24402 Sinacola Court Farmington Hills, MI 48108 Dear Mr. Moriyoshi: This responds to your letter seeking an interpretation of the requirements of Part 541, Federal Motor Vehicle Theft Prevention Standard. You asked two separate questions, which are discussed in detail below. Your incoming letter has been granted confidential treatment i accordance with 49 CFR Part 512, so it will not be forwarded to the docket along with this response. First, you asked whether your marking system would be subject to the performance requirements for labels, set forth in 541.5(d)(1), or the performance requirements for other means of identification, set forth in 541.5(d)(2). You indicated in your letter that this marking system would affix the required marking to engines and transmissions. Section 541.5 expressly states that the required markings "must be affixed by means that comply with paragraph (d)(1 0 of this section or inscribed by means that comply with paragraph (d)(2) of this section" (Emphasis added). this requirement means that all markings that are affixed to a part, whether by means of adhesive, screws, rivets, or welding, must satisfy the performance requirements for labels set forth in 541.5(d)(1). Second, you asked whether your marking system would appear to satisfy the theft prevention standard's performance requirements for labels. You stated in your letter that you know it is your company's responsibility to certify compliance with the standard, but that this agency's "opinions and comments" on whether the marking system appears to comply with the theft" prevention standard would be highly appreciated. As you noted in your letter, section 606(c) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2026(c))requires each manufacturer to certify that its vehicles comply with the theft prevention standard. Therefore, this agency does not approve, endorse, or certify that any manufacturer's markings system complied with theft prevention standard. We will, however, state whether a particular marking system appears to comply if we are provided with sufficient information on which to base that opinion. In this case, your letter simply does not provide sufficient information for us to offer an opinion. You sought NHTSA's opinion as to whether your marking system appears to comply with the "footprint" requirement specified for labels in 541.5(d)(v)(B). that section requires that removal of the label must "discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present." For us to offer an opinion in this area, we must have some way to determine what remains on a part after the affixed label is removed. Ideally, we would have several labels affixed to a metal section by the means described in your letter. We could then remove the labels and examine the metal section for a "footprint". At a minimum, we need some means of determining what the "footprint" would be if these labels were removed, and whether such "footprint" would give investigators evidence that a label was originally present. Please feel free to contact me if you need some further explanation of our theft prevention standard or if you wish to provide additional information so that we can offer an opinion as to whether your labels appear to comply with the requirements set forth in 541.5(d)(v)(B). Sincerely, Original Signed by Erika Z. Jones Chief Counsel