Interpretation ID: nht93-4.40

DATE: June 22, 1993

FROM: Jerry G. Thorn -- General Counsel, U.S. Consumer Product Safety Commission

TO: John Womack, Esq. -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8/5/93 from John Womack (signature by Kenneth N. Weinstein) to Jerry G. Thorn (A41; VSA S102(4))

TEXT:

I am writing to request your assistance in determining whether an aerosol brake cleaning product marketed under the Solder Seal/Gunk brand is an item of "motor vehicle equipment," as that term is defined by section 102(4) of the National Traffic and Motor Vehicle Act, 15 U.S.C. S 1391(4). A promotional sheet for the product is enclosed for your information.

Under the Consumer Product Safety Act ("CPSA"), the Commission could regulate this product only if it is a "consumer product" as that term in defined in the CPSA. However, section 3(a)(1)(C) of the CPSA, 15 U.S.C. S 2052(a)(1)(C), provides that the term consumer product does not include "motor vehicles and motor vehicle equipment."

Thank you for your assistance in this matter. Please contact Harleigh Ewell in my office at 301-504-0980 if you need further information.

Attachment

Promotional sheet omitted.