Interpretation ID: aiam1615
Jr.
Senior General Attorney
Southern Railway System
P.O. Box 1808
Washington
DC 20013;
Dear Mr. Stallsmith: This responds to your September 24, 1974, question whether Standard No 121, *Air brake systems*, would apply to trailers manufactured prior to January 1, 1975, although the painting of the trailers and their delivery to Southern had not been completed.; Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Ac of 1966 provides:; >>>(a) No person shall -- (1) manufacture for sale, sell . . . any motor vehicle . . manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this subchapter unless it is in conformity with such standard . . .<<<; We consider a vehicle to be 'manufactured' for purposes of the Ac where the vehicle has been completed in all respects except for the addition of readily attachable components or minor finishing operations such as painting undertaken at a later date. A discussion of this point appears in the preamble to a recent Standard No. 121 rulemaking action (39 FR 17564, May 17, 1974). As for possession of the trailers by Southern, delivery of the vehicle is not considered a element of the manufacturing process.; Yours truly, Richard B. Dyson, Acting Chief Counsel