Interpretation ID: nht72-4.36

DATE: 05/08/72

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Lee Equipment Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of April 11, 1972, to our New York office, that has been referred to me.

Paragraph 568,3 of Title 49 of the Code of Federal Regulations states," 'Final stage' manufacturer means a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle."

The subject is also dealt with in the Preamble to Part 568" . . . The definitions by which the regulation establishes the categories of 'incompete vehicle,' 'completed vehicle,' and the three categories of vehicle manufacturers provide a framework within which each may categorize himself and his products. Of necessity, the definitions are broad and may not clearly define individual situations . . . . In the usual case, it will be possible for the affected manufacturers to reach agreement between themselves as to their respective obligations . . . ." (emphasis added)

In the event that the matter is in dispute between yourself and the tank installer we would be inclined, based on the information in hand, to rule that the tank installer is the final stage manufacturer inasmuch as the equipment that you install would be "readily attachable."

Your obligations as a manufacturer would be the same whether the tank you install on the new chassis is new or used.

I trust this will answer your questions.