Interpretation ID: aiam1719
Technical Director
Tamper
Inc.
2401 Edmund Road
West Columbia
SC 29169;
Dear Mr. von Beckman: This responds to your November 22, 1974, request for a determination o whether Tamper Corporation's products qualify as motor vehicles subject to Standard No. 121, *Air brake systems*. All of the vehicles you describe are designed only for use on a rail or rails, except for the Kal-Trac switcher, which has both steel wheels for rail use and pneumatic tires for highway use.; I have enclosed a discussion of our regulatory authority over moto vehicles which explains that all of your products which operate exclusively on a rail or rails are not subject to our regulations.; In a December 9, 1974, telephone call with Mr. Herlihy of this office you stated that the Kal- Trac switcher has axles with a gross axle weight rating (GAWR) in excess of 29,000 pounds. I enclose a copy of an NHTSA proposal that would exempt such a vehicle from Standard No. 121. We will consider your letter as support for this proposal.; Please contact Mr. Herlihy by phone (202-426-9511) after January 15 1975, to be advised if this proposal has been made final as an exemption for your vehicles from the standard.; Yours truly, Richard B. Dyson, Acting Chief Counsel